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Pirate Bay Court Loss Won't Stop the Flow of Files

Adrian Lopez writes "According to PC World, 'Hollywood may have won a battle, but the war against piracy is far from over. Unauthorized file sharing will continue (and likely intensify), if not through The Pirate Bay, then through dozens of other near identical swashbuckling Web sites. ... What Hollywood needs to remember is sites like The Pirate Bay are like weeds. When you try to kill one, they grow back even stronger. In this case, The Pirate Bay already moved most of its servers to the Netherlands, a move that could keep the site running even if The Pirate Bay loses its appeal.'"

33 of 358 comments (clear)

  1. Hooray! by h4rm0ny · · Score: 5, Funny


    I can look forward to a future with no more big-budget movies or mainstream e-books. What a relief!

    --

    Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    1. Re:Hooray! by linzeal · · Score: 5, Insightful

      Lol, they used the same line of reasoning when TV came out. There were scare campaigns that there would never be any more media because TV would allow people to watch things for free.

    2. Re:Hooray! by MR+LOLALOT · · Score: 5, Funny

      OMFG people will stop buying bottled water!!!!

    3. Re:Hooray! by theheadlessrabbit · · Score: 5, Interesting

      OMFG people will stop buying bottled water!!!!

      you think bottled is good, I've got the stuff on tap...

      seriously though, wasn't FM radio supposed to be the death of recording industry, and VHS the death of movies?

      oh my god! humanity is progressing!

      --
      -I only code in BASIC.-
    4. Re:Hooray! by HertzaHaeon · · Score: 5, Funny

      True, but parchment was the death of the stone tablet industry back in the day. They must still be hurting, I guess.

    5. Re:Hooray! by Joce640k · · Score: 4, Insightful

      And don't forget piano rolls, radio, cassette tape, video tape, etc.

      Every single one of them was a harbinger of doom according to the music industry. None of them ever were.

      --
      No sig today...
    6. Re:Hooray! by GrpA · · Score: 5, Funny

      True, but parchment was the death of the stone tablet industry back in the day. They must still be hurting, I guess.

      No they just updated their business model...

      And they're so popular that people are dying just to get one...

      Unless you prefer cremation of course.

      GrpA

      --
      Enjoy science fiction? "Turing Evolved" - AI, Mecha, Androids and rail-gun battles. What more could you want?
    7. Re:Hooray! by Arancaytar · · Score: 4, Insightful

      Unless you prefer cremation of course.

      Most urns around here get a stone on the grave as well.

    8. Re:Hooray! by Threni · · Score: 4, Insightful

      I especially remember "home taping is killing the music industry" warnings featuring such down-on-their-lucks as Sir Paul McCartney, one of Britains richest men, complaining that people who tape some tracks off their mates can destroy an entire industry. Perhaps, with hindsight, he was the wrong person to choose to front the campaign. This was around the time the Musician's Union was actively campaigning against synthesisers and keyboards in case it put people's jobs at risk. Some people don't think before they open their mouths.

      You can't polish a turd. You can't expect people to pay £12+ for Robbie Williams or Madonna CDs when even their fans think they're shit now, especially when most of the albums are shit and people are buying them for the singles, which they can just tape off the radio/tv if they're that bothered about it.

    9. Re:Hooray! by Lagurz · · Score: 5, Insightful

      ...and the printing press would make a lot of monks unemployed as well. They wrote all the books by hand.

      Maybe 'unemployed' is the wrong word here. It is more that the monks lost control of what the general public was able to read. Suddenly is was no longer possible for the monks to censor religious or political incorrect ideas.

      The exact same thing is happening again, but with different players. When music started to be broad-casted on FM radio, the media industry lost control of their products. Same thing with VHS.

      The Internet is probably the scariest thing that can happen to the media industry. Because Internet is built without any central point and any node can broadcast. (Compare with a radio or TV station; one central point for broad casting and many passive listeners.) This is a tremendous loss of control for the media industry. The industry can not say this in public and that is why they always bring back the same culture-will-die ghost from the closet.

      It is not about culture, it is about control.

    10. Re:Hooray! by damburger · · Score: 4, Insightful

      What is wrong with that?

      We don't owe Hugh Jackman and Tom Clancy a living. Television has an entertainment model that doesn't have to charge at the point of delivery. Musicians can perform and make a very handsome living if they are worth listening to. Shit artists and holywood can suck my free living balls.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    11. Re:Hooray! by DangerFace · · Score: 5, Insightful

      piracy is not a required part of that and the monk analogy does not fit piracy.

      Of course, the other reason that the monk analogy does not fit that seems to be oft overlooked is that the monks did not make record profits as printing became increasingly common. My anecdotal evidence, and quite a few studies, show that:

      A) Downloading music and movies and games for free actually makes people more likely to buy them, not less - my movie collection was tiny back when I just had to watch whatever was on TV or the cinema. A couple of months ago I had to buy a new set of shelves to keep my new DVDs on.

      B) Probably most importantly in this argument my money is now freed up to spend on other stuff, and no, by that I do not mean pizza. I mean that since I can download a discography of the Red Hot Chilli Peppers for free while I actually only own four or five albums of theirs that the $50 or so (?) I just saved can be spent going to see / buy albums from less well known bands that need the money to pay rent and bills, rather than buy another Bugatti Veyron so when their friends come round they can race.

    12. Re:Hooray! by damburger · · Score: 5, Insightful

      I do know musicians. Just because small time bands aren't driving around in gold plated bentleys, doesn't mean they are entitled to. You know nothing about me, asshole.

      The rest of us have to struggle for a living. The idea that musicians should be able to live 'comforably' working only a few hours a night is absurd. They essentially work the same hours as barstaff. This means, of course, that if they do require more money they can have a regular job as well as performing.

      If making ends meet is a struggle for physicists and sysadmins, why should it be a breeze for guitarists? We don't owe them shit.

      You finish off your drooling retard rant with the old chestnut that 'piracy is stealing' - which is true, so long as you are talking about those fellows in Somalia. It isn't true for copying data, and pretend it is makes you look stupid.

      Oh, and you file share anyway. So STFU

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    13. Re:Hooray! by Simetrical · · Score: 4, Interesting

      Maybe 'unemployed' is the wrong word here. It is more that the monks lost control of what the general public was able to read. Suddenly is was no longer possible for the monks to censor religious or political incorrect ideas.

      There was official censorship long after the introduction of the printing press. My copy of Don Quixote has a notice of approval by the censor, and its first editions were all printed.

      Also, even before the printing press, state censors exercised direct control over all written works, not just implicitly through the works' being written by monks. Medieval Jewish texts certainly needed approval by the Christian censors, for instance, despite their being written by Jewish scribes.

      --
      MediaWiki developer, Total War Center sysadmin
    14. Re:Hooray! by lilo_booter · · Score: 4, Interesting

      No problems - enjoying the conversation :-)

      But I would point out, that at least in hollywood, the tastes of the rich are doing precisely what you're suggesting - everyone from directors, script writers, actors and onwards are working on a basis which is very much like patronage for the vast majority of the content they produce. The marketing people/producers identify a concept and a market to tap and assemble a team to make it happen - there is still creative input, in much the same way as the historical figures you mentioned would have had on their own commissioned works, but it's still 'done to order'. Nothing particularly wrong with it either, providing those who are providing the cash can distinguish the subtle difference between good and bad and a single patron doesn't obtain a monopoly...

      I'm not so sure that world of music is so dissimilar - the 'patron' here will sometimes manufacture/commission (boy/girl band type of stuff - aimed at a demographic), but generally, they'll be dictated by their own tastes and understanding of the tastes of others before they'll commission an act of any sort...

      Don't know :-) - is it just a case of 'the more things change, the more things stay the same'?

      None of this is to condone piracy btw - I just think that p2p/sharing it's the next step in an evolutionary chain which started a long, long time back... and there is money to be made by the existing content providers...

      My feeling is that it's just a case of the content providers recognising that people will pay, providing certain restrictions are lifted - personally, I would happily pay for downloadable content on the single proviso that when I have purchased it, I am unrestricted on how I personally choose to watch it - be it on the TV, desktop computer, laptop, mobile phone or my wrist watch... a DVD more or less provides me with that, though without any legal rights of course.. it has become the norm to allow CD -> mp3 conversion, so why the restrictions on video?

      I'd also add that it's far greener to have a p2p solution for the transcoded versions :-) - there is quite some heavy cpu use/power consumption involved with decent encodings...

    15. Re:Hooray! by Bert64 · · Score: 5, Insightful

      That's another reason big media hates the internet...

      The try before you buy aspect of piracy works both ways, if you download it and find it to be shit you delete it and don't buy it. Otherwise you might have bought it, then realized it was shit and that you just wasted your money.

      Similarly, in the past even a lousy movie would make big money on the opening weekend before people realized it was shit... Now the first people who watch it will go on sites like twitter and tell all their friends how crap it was, and word soon spreads.

      The internet makes it harder for big media producers to sell crap.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    16. Re:Hooray! by MartinSchou · · Score: 5, Interesting

      You can't polish a turd.

      Sure you can. The Mythbusters even managed to get a very nice shine on it.

      Mythbusters: Polishing a Turd

    17. Re:Hooray! by Immostlyharmless · · Score: 5, Insightful

      Noone should make millions from doing a small amount of work, payment should be proportional to the level of effort required to do the work and should cease when someone stops working. In most other industries this is already the case.

      As a nurse, I have to completely agree with this. Be careful what you wish for, if you really want to set a precedent for this, watch the medical community jump on board. "I saved your life yesterday...still alive today? Pay me bitch....." Hey, my work is still being enjoyed....right?

    18. Re:Hooray! by Opportunist · · Score: 5, Insightful

      Actually the train was, but thanks for this prime example of early lobbying to save an outdated business.

      Do you know why most train stations are outside of towns, or at the outskirts of towns (or where the outskirts were a century ago, respectively)? Because of the carriage driver lobbying. When tracks were built across the countries, the coach industry was heavily lobbying to keep them away from towns. From at least somewhat real concerns (like the fumes that are dangerous... ignoring of course the industries that are nearby being at least as polluting) to outright ludicrous claims (like watching a fast moving train giving people seizures), anything was tried to keep trains as far away from towns as possible, to at least retain the business of moving people from their homes to the train stations.

      When cars came into existance, we got another load of bullshit laws, like the ones of people having to walk in front of an automobile with a flag to announce its coming, or that cars are to stop when a horse is passing so it won't spook it, etc.

      Did it save or solve anything? Nope. The stage coaches went extinct. Because nobody needed them anymore.

      Imagine they had the same lobbying power the media industry has today. Can you imagine cars that must not go faster than 20 mph and train tracks that have to be moved further and further away from towns just to keep the coaches in business? Anyone would say it's silly at best, blocking progress and having a generally negative impact on industrial development.

      Why is something like this tolerated in another industry that is simply as outdated as horse coaches?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  2. Figureheads by Sorthum · · Score: 4, Insightful

    All the Pirate Bay is really, is a symbol; I'm not convinced this spectrial was ever about combating P2P, but more about a clash of ideologies.

    1. Re:Figureheads by who+knows+my+name · · Score: 4, Insightful

      I'd agree. In the trial itself the prosecutors asked the defendants their views on copyright. Their response? "I thought this wasn't a political trial?".

      I think it is a shame they didn't openly state their opinions about it whilst still arguing they are within the law, either way it was a political trial and maybe they should have met it more head-on.

      --
      Nothing to see here.
  3. I Bet H'wood Would Like to Stop All Sharing by Velska1 · · Score: 5, Interesting

    This is typical of a situation, where a dinosaur on top of the food chain tries to defend its position.

    I am pretty sure that MPAA/RIAA/Big Publishers would like to put the whole filesharing technology back to the bottle until they find a way to monetize it. Then, of course, it would be accepted.

    And I can't get over the Swedish court's argument that making the service available is criminal, because it can be used illegally.

    --
    Every problem has a solution that is simple, easy and wrong. Selling our Liberty for a little Security is a much too de
  4. Can anybody see ... by mystuff · · Score: 5, Funny

    The irony of moving your weeds to the Netherlands ...

    1. Re:Can anybody see ... by jonbryce · · Score: 4, Insightful

      That may be so, but I'd be surprised if they have managed to sell even one additional CD or one additional movie as a result of their actions.

      That is how you measure their performance. Not how much menace they have caused to customers and potential customers.

  5. Do what you want cause a pirate is free by TOGSolid · · Score: 4, Interesting

    You are a pirate!

    They can trash on The Pirate Bay all they want, but public sites like that are mostly just for piracy tourists anyway thanks to their notoriously unreliable speeds that make the 'pr0' pirates steer clear of 'em except as a last ditch option. Sure you can try and stem the tide by taking down one of the big, well known ones, but that's really not going to help matters much. Another public site will spring up, having learned from the lessons of the prior one, and will be even harder to take down. The tourists will latch onto it and the whole mess will ramp up even more.
    Besides, the guys doing the really heavy duty stuff (i.e. dedicated download boxes with a ritual morning tracker browse through with 24/7 downloading) are all rocking private trackers and encrypted file transfers anyway. Good luck to trying to crack apart the chunk of the piracy community that actually does know what they're doing and aren't 13 year old girls, grandmothers, or drunk, stupid, college kids.

    "I am pretty sure that MPAA/RIAA/Big Publishers would like to put the whole filesharing technology back to the bottle until they find a way to monetize it. Then, of course, it would be accepted."
    They had their chance a loooooong time ago. They thoroughly screwed that pooch and will have to stop basing their businesses on suing the crap out of people, which they really don't want to do (mostly because I think they enjoy it).

  6. Not safe in Netherlands by WarwickRyan · · Score: 5, Informative

    Not sure that it was such a good idea moving the servers to Netherlands.

    The local RIAA (BREIN), have been pretty successful in having the law 'bent' to their will and having various torrent sites closed down.

    Even now they've announced that the want to block the Pirate Bay in Netherlands [link is in dutch]:

    http://tweakers.net/nieuws/59677/brein-wil-na-vonnis-the-pirate-bay-in-nederland-laten-blokkeren.html

    Rough translation: "Brein will use the guilty judgement against the Pirate Bay operators as a chance to try and convince the government to block Pirate Bay in Netherlands".

    The current parliment act as if they're in the pockets of Brein, so I'm not sure why TPB thought it safe to put the servers here.

    What we really need is some sort of decentralised torrent client.

  7. Re:prohibition does not work by jabithew · · Score: 4, Insightful

    Money can still be made, if the service is good enough and the price is reasonable enough, people will pay, allofmp3.com demonstrated this, as do many private torrent sites.

    It's rather easy to keep costs low if you're not bearing any of the costs of production.

    --
    All intents and purposes. Not intensive purposes.
  8. Legal defeat, political victory? by Arancaytar · · Score: 5, Insightful

    I read the Pirate party has received three thousand new members since the verdict was announced. That's a /lot/ of Spartacus.

    1. Re:Legal defeat, political victory? by lilomar · · Score: 4, Informative

      Actually, the number is over 9000, literally.

      5022 on 4/17/09
      4067 on 4/18/09

      and counting!

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  9. Re:Evolution by thetoadwarrior · · Score: 4, Informative

    Remember Napster? It was only good for people who listened to mainstream chart toppers with crappy sound quality. It was not an option for people really interested in music.

    Maybe that's the case with legal Napster but the original "pirate's edition" had MP3s of all levels of quality and everyone was using it so of course you could find rare stuff.

  10. Re:prohibition does not work by Stevecrox · · Score: 5, Insightful

    I've always thought public consensus of a law was integral to that law. If people don't believe a law is just, they'll ignore it. If you criminalise enough people over things they don't consider wrong you erode respect for all laws.

    In the UK it's illegal to rip CD's to your MP3 player and yet I'm betting 99% of the MP3 players in the UK have ripped music on them. By criminalising CD ripping you cause people to lose respect for the law, in this case when your average citizen finds out they instantly see it as the fault of the stupid record companies. Which in turn makes it easier to "steal" from those same "greedy" companies.

    In comparison most people hate speed camera's but they agree with the idea of having a speed limit and sticking roughly to it. Heck even when I got caught speeding recently my outrage wasn't about getting the speeding ticket but because Dorset/Somerset's police attitudes towards bikers (which borders on harassment) annoyed me. As for doing 40MPH in a 30, well I should have stuck to the limit.

    I believe you can have unpopular laws like speed limits but people understand the need for them and so they work. On the other hand people don't understand copyright and its application these days.

    The media companies have been so hell bent on treating all customers like criminals and subtracting value, that people see them as an evil faceless corporation (see Slashdots view on Microsoft) and that makes it ok to take from them. This particular ruling has probably done more harm to the Media companies cause then anything they've done. Just go to the BBC's Have your Say section (or any newspapers) and 99% of the comments are against the media companies and how laws can be bought. The sheer amount of effort required to force these companies to provide the customer what they want has annoyed a lot of people.

    I believe in copyright, I'm a software engineer I've worked on a variety of TDL and UXV applications and know how expensive and difficult it is make good software. But software/media analogies aren't perfect, if my company didn't keep improving their software and adding new capability to it another competitor would get the future sales. With music/movies you could make one great movie and people will still buy it even if new movies come out. Which is the big difference between software and media.

    I honestly hope that in time politicians release than reducing the copyright length to something closer to twenty years (I'd prefer ten) and decriminalising non-commercial copyright, will be in the best interest for everyone. Since it would help maintain respect for law and encourage more media.

    As for the internet age stopping the big blockbusters and the current pop stars, I can only hope. Hollywood has fallen into the same black hole as games, where more special effects are the equivalent of adding more polygons. At a certain point it adds nothing new and the fixation often means more important things are forgotten.

  11. Re:A move would be pointless by MichaelSmith · · Score: 4, Funny

    They could just get a boat but the problem would still be running a line to it. Since they have so much money I recommend they build a huge spindle in high Earth orbit, right near the rastafarian outpost.

  12. Bitter protest against copyrights by dissy · · Score: 5, Insightful

    If I said I didn't have an incentive to grow oranges unless I could plant a tree in your yard,
    or if I said I didn't have an incentive to grow cotton unless I could own slaves on the
    plantation, most people would see this is these as the worthless shallow arguments that they are.
    But if I said I didn't have an incentive to to make beneficial or creative works without a
    copyright monopoly, then all of a sudden people just take it on faith, they don't even question
    it, they just assume that society would fall apart without them. In my humble opinion, this is
    intellectually dishonest, especially considering that the entire Renaissance happened without
    copyrights.

    The simple fact is, there is no equivalence relationship between copyrights and property rights -
    incentive does not a right make. The moral and historical foundation of property derives from the
    fact that property has physical limits, while the foundation of copyrights dervives from kings
    who granted publishers monopolies in return for not publishing bad things about the monarchy. The
    history of copyrights is not one of rights, but control of sharing and restricting the open use
    of knowledge.

    That is why people who copy are not criminals, thieves, or akin to pirates who board ships and
    murder people. No, infact they are really victims of a cruel deception. A deception that
    copyrights somehow financially benefit artists and creators. The simple fact is, that for every
    artist that makes it "big" there are literally thousands who copyrights haven't helped a bit,
    even hindered, or destroyed.

    However, this is not the only failure of copyrights - it is just one in many issues related to
    copyrights that are just blown off ignored, or glossed over. Like the failures of Hollywood
    culture, the failures of big media to provide quality material, the failures to provide
    reasonably priced books to college students while tabloids are dirt cheap, and massive anti-trust
    behavior in the software industry to name a few.

    While the problems associated with copyrights might have been bearable 20 years ago when the
    biggest issue was Xerox machines, today we are in the information age where
    information is so easy to copy and manipulate that there can be no middle ground. Our society
    will either have to control all of it or none of it. Our communications will either have to be
    monitored or free, our privacy to be either continuously probed or protected.

    In that sense, copyrights are like a vine that will never stop growing to choke off our freedoms
    until we cut it off at the root. The DMCA, infinite extensions, billion dollar lawsuits, are all
    just symptoms of a poor belief system - not the cause. So the efforts to find a "middle ground"
    on copyrights are a failure because they do not address the core issue. That contrary to
    copyrights, the right to copy and distribute creative works and knowledge is a right!

    Like freedom of religion, and freedom of the press, the right to copy things is a right that
    exists above government. It is a moral right, it is an inherent right, it defines the very nature
    of the human condition. It is beyond politics and the petition of leaders.

    In fact, the entire foundation of politics rests on the notion that it's better to fight wars
    with words than wars with bloodshed. But to copy things does not require coercion or violence at
    all, the rules are not the same. We will not change the copyright situation by petitioning our
    leaders, or voting to change the system. It can only be changed by defiance.

    Defiance by holding the belief that people have rights, even if those rights appear contrary to
    the popular mob or to the system. Defiance, by shedding off the guilt and shame that those who
    try to impose copyrights on us and understanding that they are the ones who should be
    guilty and shameful. Defiance by copying and sharing creative works whenever we have access to
    them. Defiance by using technologies