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Why the UK Needs the Pirate Party

Barence writes "The UK Pirate Party wants to reform copyright and patent laws, abolish the surveillance state and increase our freedom of speech, and it's just been recognized as a political party. In this interview with PC Pro, UK Pirate Party leader Andrew Robinson explains how he's planning to shake up the political landscape. 'What we really want to do is raise awareness, so that the other parties say "bloody hell, they've got seven million votes this time out," or one million votes, or enough votes to make them care and seriously think about these issues.'"

46 of 363 comments (clear)

  1. Sounds promising, but... by IBBoard · · Score: 5, Insightful

    It sounds promising that we now have a "Pirate Party" in the UK who will stand up on copyright issues, but I suspect they'll take it too far. It makes sense to decrease the legislation that is heavily in favour of the company rather than the consumer (things like making it illegal to make personal backups or making fines for infringement hugely out of proportion) but if they get to complete freedom to pirate everything then they've taken it too far the other way and the economy will falter again.

    People need the right to own what they've bought, but people don't need the right to own everything for free that's digital.

    1. Re:Sounds promising, but... by blackraven14250 · · Score: 5, Insightful

      Yeah, but the way you get a major party to be moderate on an issue is by having an extreme viewpoint yourself. At least that way the votes get distributed across the spectrum instead of concentrated at one side.

    2. Re:Sounds promising, but... by damburger · · Score: 4, Insightful

      They do have that right. Any property 'right' that require doors to be busted down and personal encryption keys to be demanded by threat is not a right at all.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    3. Re:Sounds promising, but... by noundi · · Score: 5, Insightful

      It sounds promising that we now have a "Pirate Party" in the UK who will stand up on copyright issues, but I suspect they'll take it too far. It makes sense to decrease the legislation that is heavily in favour of the company rather than the consumer (things like making it illegal to make personal backups or making fines for infringement hugely out of proportion) but if they get to complete freedom to pirate everything then they've taken it too far the other way and the economy will falter again.

      People need the right to own what they've bought, but people don't need the right to own everything for free that's digital.

      They're supposed to take it too far. Sweden was one of the first countries (if not the first, I'm not sure) to have a pirate party, nowadays with mandate in the European Parliament. The Swedish PP are very down to earth. They openly admit to not having a thorough agenda based on ideologies, such as the traditional party. However their intentions are not to win any election. Their intentions are to raise these questions, and force other parties to take a stance on them. The same year as the Swedish PP was formed many other parties officially took a stance on filesharing, privacy concerns and copyright/patenting. They are just as important for the societies of the modern world, as RMS is for FOSS. We all think RMS takes things a bit far sometimes, but you have to remember that there are far more "extremists" on the other end, those pushing for rights to more intellectual property and patenting. His function is absolutely necessary in order to land somewhere in the reasonable middle. Where producers and consumers get fair terms. Sadly people tend to think in black and white without realising the difference the pirate parties make without ever stepping a foot inside the parliament.

      --
      I am the lawn!
    4. Re:Sounds promising, but... by Odinlake · · Score: 5, Insightful

      Yup, and I think that if the pirate party of Sweden had taken a more moderate (reasonable) standpoint they would have been boring and quickly forgotten. By being outrageous they are now known by near enough everyone and got 7% or something like that (one seat) in the election to the European parliament. No, I think "outrageous" is just the way to go.

      And come on - do you really think by giving them your vote you would risk a sudden abolishment of copyright?!

    5. Re:Sounds promising, but... by Joce640k · · Score: 4, Insightful

      Would the DMCA have breezed through the congress quite so easily if there were two million votes on the line...?

      --
      No sig today...
    6. Re:Sounds promising, but... by init100 · · Score: 3, Insightful

      but I suspect they'll take it too far.

      Politics is all about making deals in the middle of two positions. Most copyright proponents are extremists in their position that copyright should last forever, infringement should have harsh penalties, and that government must monitor everyone to ensure compliance. By taking an extreme position in the other direction, the result of political dealing and wrangling is more likely to be the middle road where you really want to be, than if you take that middle road already from the beginning. In the latter case, the end result will be somewhere in the middle between your middle road, and the current copyright maximalists.

    7. Re:Sounds promising, but... by Ren.Tamek · · Score: 2, Insightful

      I suspect they'll take it too far. It makes sense to decrease the legislation that is heavily in favour of the company rather than the consumer ... but if they get to complete freedom to pirate everything then they've taken it too far the other way and the economy will falter again.

      God, I hate slashdot sometimes. Why don't you just read the summary and click on the links if you don't know?! It took me 2 minutes to read the front page of both sites! What's worse, 5 people who also didn't read the fucking article modded you +5! It's just aggravating.

      I will go ahead and quote the exact links in the summary, since the chance of anyone reading it themselves is slim to none.

      From the pcpro Q&A:

      There should be an exemption for non-commercial use in copyright. We're not in favour of abolishing copyright, or artists getting nothing. When things are copied and somebody makes a profit, that profit should go to the artist. When something's copied and there isn't a profit... well, that's a situation our law doesn't really have any way of dealing with at the moment, which is why people who copy a movie are lumped in with people who steal cars.

      From the pirateparty.org.uk home page:

      We want to legalise non-commercial file sharing and reduce the excessive length of copyright protection, while ensuring that when creative works are sold, it's the artists who benefit, not monopoly rights holders.

      Their position is really very clear and consistant, and is exactly the same as the Swedish party and the other spin-off parties worldwide. So now you know, RTFA and prosper.

      --
      "If you want a vision of the future, Winston, imagine a boot stamping on a human face forever." - George Orwell, 1984
    8. Re:Sounds promising, but... by Anonymous Coward · · Score: 2, Insightful

      I certainly hope not - the GPL uses copyright to protect your freedoms!

    9. Re:Sounds promising, but... by Anonymous Coward · · Score: 2, Insightful

      Yes, unfortunately due to the first past the post system here in the UK I don't see them having any luck.

      What will happen, is in the areas they have constituents, all the teens etc. will vote pirate party because they actually care about a particular political issue (i.e. the fact no current British political party understands the digital age and those who are part of it). Their votes however will be outnumbered by a bunch of older folk who will vote Labour because their dad told them to after Thatcher kicked their poodle in the 70s, or vote Tory because bad Labour wont let them take a bunch of dogs to rip foxes to pieces.

      The problem in the UK is that because of first past the post, where over 19 million votes were wasted votes due to safe seats at the last election no one actually votes based on the issues, they only have a choice to either throw away their vote as 19 million voters did in 2005 or like the rest of the population vote in football team style politics where they vote a specific party just cos they always have and just cos their dad always did.

      We don't have a political system that supports voting based on political merit. Votes across the political spectrum don't matter in our country, Labour won the last election with 35% of the popular vote, yet maintain 100% of the power due to having a majority in the house. Couple this with the whip system and you don't even have constituents views represented. In fact, the only view that gets pushed in the British political system for most issues is that of the cabinet of whichever party just about managed to get the biggest minority of votes.

    10. Re:Sounds promising, but... by Anonymous Coward · · Score: 1, Insightful

      >people should get some recompense for their time or else a huge chunk of them won't spend that time in the first
      >place.

      So why don't they shut up and finally stop working? Right. Because they are scared that nobody would miss them once they're gone. The only way to stay at work is to purchase legislation that makes DIY copying illegal, so you have to buy "genuine" copies or else.

    11. Re:Sounds promising, but... by Husgaard · · Score: 4, Insightful

      You have a good point when you say that allowing all non-commercial use of copyrighted works is almost the same as abandoning copyright for the masses. And this is what the Pirate Party wants.

      If we do not allow non-commercial use, somebody has to check all private communication to check if copyrighted works are infringed. Would you like some government entity to eavesdrop your private communication with your local journalist, lawyer, doctor, priest, or secret lover? We pirates think that a society where private communication is impossible cannot stay democratic in the long run.

      The alternative - no monitoring of private communication - is almost as bad. This way people can break the law with no risk. Many people have a strong incentive to break the law here: Free access to cultural content. But if a majority of the citizens regularly break the law, they also loose respect for the law. Lack of respect for the law is extremely dangerous for our society, as it is based on people respecting the law.

      In many countries there are equivalents to "fair use", allowing non-commercial use of copyrighted works. But these exceptions in copyright law are under attack and almost every adjustment of copyright law these days seem to remove some of the rights to non-commercial use we citizens have.

      For example: In my country before 1995 I could legally mail a copyrighted mp3 to a journalist. Today this is illegal. I do not want our government (or anybody else for that matter) to monitor my private communication with journalists. If such communication is monitored, the principle of source confidentiality of journalists would be broken, and nobody would dare to tip journalists about for example government abuse.

  2. Re:Need yes, Succes? by blackraven14250 · · Score: 3, Insightful

    If you don't work towards change, you may as well accelerate the speed with which you go into a nasty future

  3. ïI might vote for them, but it is futile by damburger · · Score: 4, Insightful

    The UK political scene is completely stagnant, and will remain so regardless of any new political parties. Having taken public choice theory as license to be as corrupt as they like, politicians have given up any pretense of public service and now do what they are told for money. Simple as that. Because this same money controls the public discourse through the media, nobody who doesn't play this game has a chance.

    The system is set up to resist any change to the social order. Class mobility has collapsed, wages are down and unemployment is up. Life is increasingly wretched for the poorest whilst being increasingly comfortable for millionaires in the City. Minor political parties are not going to change any of this.

    Change will not come to the UK through elections, protests or revolutions. It will come through stagnation and then collapse

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    1. Re:ïI might vote for them, but it is futile by Thanshin · · Score: 2, Insightful

      Change will not come to the UK through elections, protests or revolutions. It will come through stagnation and then collapse

      What kind of poison did you think the glass was half empty of?

    2. Re:ïI might vote for them, but it is futile by damburger · · Score: 4, Insightful

      I do not own a TV station or a newspaper, so no matter how I express myself, I simply cannot reach enough people. Its a waste of my energys to engage in something so futile.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    3. Re:ïI might vote for them, but it is futile by damburger · · Score: 1, Insightful

      Its the fucking Internet. Specifically, its fucking Slashdot. Who the hell cares what I write here or on any other forum? I certainly don't have any delusions, I just like to be able to put my anger into words sometimes, purely for the sake of doing so.

      The cultural discourse is still dominated by big media. There may be debate on the Internet, but its framed and stuffed with catchphrases by traditional media, and is done so in order to further the interests of traditional media and, more to the point, the money behind it.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    4. Re:ïI might vote for them, but it is futile by EdgeyEdgey · · Score: 4, Insightful

      Try chaining yourself to some railings.
      http://en.wikipedia.org/wiki/Suffragette

      --
      [Intentionally left blank]
  4. Re:The UK already has one dumbass party by twoshortplanks · · Score: 5, Insightful
    Actually, the Pirate Party, putting all issues about copyright infringement aside, has one proper issue that I think is interesting. It's to do with encryption and privacy.

    The concern is about how much the media owners and government have the "right" to monitor what you're doing. If you stipulate that the government should prevent copyright infridgement, it's not a big leap to say that they should monitor people to check that they're not breaking the law and punish those that do. Which is fine, until you realise that you've just said that the government should monitor all your communications, and the public shouldn't have the right to have private communications that the Powers In Charge don't read.

    Now, I'm not overly worried about this in the UK right now with our current government (who, let's face it, are under the thumb of the press and more likely to try and waste taxpayers money to clean their private moats than oppress the masses), but if history has shown us anything preventing citizens from being able to privately critique government bodies without those bodies being able to read all the criticisms is not a good thing... I'm not really sure where the line between upholding the law and curtailing the citizen is drawn - and it's not just on this issue that it's worth thinking about, but it is, at least, worth thinking about. So I welcome the discussion.

    --
    -- Sorry, I can't think of anything funny to say here.
  5. Re:A big undertaking by arethuza · · Score: 4, Insightful

    You mean like the "make us and our friends rich" basis for the other two parties in the UK?

  6. Mod parent up by Joce640k · · Score: 4, Insightful

    Very few people want "no copyright" but an awful lot of them want "less government"

    --
    No sig today...
  7. Futile! by Frans+Faase · · Score: 4, Insightful

    The UK has a two party system, just like the USA. For this reason, new parties, almost make no chance to get any political power. This is due to the district system, in which it is not true that all votes are equal. Because you need to gain majority in a sector to get someone in the parlement. People are not inclined to vote on a small party if it is almost sure that they will not get any significant representation in the parlement.

    If such a party would be established here in the Netherlands, it might make a better chance of getting at least a few representatives in the parlement because we do not have a district system and each vote has the same weight.

    Maybe the should also include the abolishment of the district system as a part of their program.

    1. Re:Futile! by Tom · · Score: 4, Insightful

      They can still make a difference, especially in a 2-party system.

      Yes, the two major parties will not fear losing to them. But they might fear losing enough votes to the pirates so that the other major party prevails. Once the pirate party gets a considerable number of voters, the other parties will take up their ideas, in order to win back those voters.

      --
      Assorted stuff I do sometimes: Lemuria.org
    2. Re:Futile! by Anonymous Coward · · Score: 1, Insightful

      Er, the Lib Dems control a large number of local authorities, and regularly act as the deciding party in close votes. A whip vote from the Lib Dems on a topic can swing the vote either way for the other two.

  8. Got my vote - maybe by Karem+Lore · · Score: 4, Insightful

    All the other parties are useless anyway:

    Labour (Sorry, New Labour) is just a conservative in sheeps clothing, spend too much on public services that then go cut those services...ABC Bin collection in point, my bin is emptied every 2 weeks...My babies nappies and the flies are horrendous
    Conservative are just out to enrich their own pockets (well, so are labour TBH) and make rich people richer and support companies.
    Liberal Democrats have some really odd policies and I don't believe they have the strength to be a valid ruling party.
    UKIP/NBP etc - racist, facist bigots that I would rather fight than have these people in power.
    The rest (Pirate party included) - Too small to make a difference.

    At least the Pirate party has a policy that I AM interested in...

    Having said all that, I don't believe that people should have a free reign of music, games and other works of art...Companies will just stop producing...However, I believe that I should be able to copy, transform and move between devices that I own for my or my familys consumption...Soon they will require a purchase for each member of the family that will watch a DVD because in fact you ARE broadcasting to the rest of your family...

    Patents, copyright and trademarking all need an overhaul...If that's what the pirate party are suggesting, or at least make one of the major parties take note, then I will look at voting for them...

    --
    When all is said and done, nothing changes...
    1. Re:Got my vote - maybe by jez9999 · · Score: 2, Insightful

      UKIP are not racists and to say so is pure idiocy. Please go and educate yourself on them first, instead of listening to the UK mainstream media's bullshit.

    2. Re:Got my vote - maybe by damburger · · Score: 3, Insightful

      So what if companies don't output any more shitty movies, music, and games? Society will not collapse. There will still be content produced, but on a much smaller scale. We don't need content.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    3. Re:Got my vote - maybe by Anonymous Coward · · Score: 0, Insightful

      if you don't need content, then don't pirate content.

    4. Re:Got my vote - maybe by IamTheRealMike · · Score: 3, Insightful

      If it's pure idiocy why did the parties own founder quit after claiming the party was infiltrated by the far right? Why did the UKIP throw out 11 (!) BNP "infiltrators" in 2004? Why do they require all new recruits to state they aren't racist?

  9. Re:A big undertaking by seifried · · Score: 3, Insightful

    You mean like making sure we have an environment where business can innovate and thrive (as opposed to suing each other lots), where culture is owned by society and not business (hint: you can't sing "Happy Birthday" in the UK without paying a license fee). You mean like making sure we have some modicum of privacy in our lives? Yeah, pretty shallow stuff.

  10. Parochial Slashdot banner graphic? by ratbag · · Score: 3, Insightful

    Does "politics" == "American politics" as far as Slashdot is concerned?

    Rob.

  11. Re:The UK already has one dumbass party by Lord+Bitman · · Score: 3, Insightful

    The extremes of the pirate party are worth supporting, in the interest of a reasonable compromise.
    Even if I don't agree with 5-year copyright terms, I agree with them a lot more than I do unlimited copyright.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  12. Re:The UK already has one dumbass party by damburger · · Score: 2, Insightful

    This would be the conservative party that used soldiers dressed up as policemen to crush the miners strike? The same one that abolished the right to silence? Don't believe the hype.

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  13. Re:Need yes, Succes? by jonbryce · · Score: 4, Insightful

    European elections are proportional representation, not first past the post, and it is Europe where most of the changes need to be made with regards to copyright. Even if the Pirate Party did win the next Westminster election, they couldn't do much about copyright or patent law, because it is set at EU level. They could change encryption and spying laws because they are set at UK level. They would have some influence over the amount of law enforcement resources employed on copyright issues, but it is mostly local council trading standards departments that do that, and they tend to focus on commercial copying.

  14. Daft plonkers by Rogerborg · · Score: 2, Insightful

    They'll just steal votes from the Liberal Democrat party, which is (shock!) actually both pro Liberty and pro Democracy. It's also not a major threat at the national level to the two sock puppets of right wing corporate interests ("Labour" and "Conservative"), and having its vote watered down even further will just empower both of them to get on with making everything either mandatory or prohibited.

    --
    If you were blocking sigs, you wouldn't have to read this.
  15. Re:The UK already has one dumbass party by twoshortplanks · · Score: 2, Insightful

    I'm only casual because I see a tendency for hyperbole on slashdot, whereby people jump straight to extremes, comparing anything to a much more extreme regime (typically, Hitler's Germany, China or North Korea). This, while causing the sensation a sensational comment it meant to provoke, doesn't actually leave much room for reasoned discussion. This is not to say I've not been deeply concerned by actions of our government and I'm casual to the real dangers if left to linger, and the danger of not keeping a watchful eye on the watchers.

    --
    -- Sorry, I can't think of anything funny to say here.
  16. Re:Need yes, Succes? by silanea · · Score: 2, Insightful

    [...] Even if the Pirate Party did win the next Westminster election, they couldn't do much about copyright or patent law, because it is set at EU level. [...]

    I would like to dispute that. Seeing how EU regulations in the past have been drafted and negotiated in closed circles comprised of national representatives, lobbyists and general morons, and combining that with the EP's rather limited ability to interfere with said process I am willing to bet that any member state has more leverage to get their will than parliament.

    --
    Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
  17. Re:Need yes, Succes? by jonbryce · · Score: 3, Insightful

    Well the European Parliament did an excellent job of stopping software patents in Europe.

  18. Isn't that an empirical question? by jonaskoelker · · Score: 2, Insightful

    People need the right to own what they've bought, but people don't need the right to own everything for free that's digital.

    I think "need" is probably the wrong word---I think this is about what people want combined with what's economically feasible. But the choice of words is the least concern.

    People want culture (music, film, literature), preferably well-made items of culture. They also want things to be cheap (preferably free). And they also want to obey the law. Those who make culture want to make money doing so (preferably more than less, but some are content with no money).

    How they value each of those in relation to one another varies from person to person. Some prefer stuff with expensive (and maybe even good :D) production for free over obeying the law. Some prefer stuff that's free and obeying the law over expensive production. Some prefer expensive production and obeying the law over stuff that's free.

    If a change to the copyright law, any change (including allowing redistribution for private purposes, or complete abolishment) gives the people as a whole something more valuable than what the current regime does, why shouldn't we make that change?

    Your statement leaves me to conclude that you think allowing free redistribution of copyrighted stuff doesn't give people what they want (presumably due to the removed profit incentive on the producer side of the equation). Why do you think this?

    I think it's an empirical question what the effect of changing copyright law would be. Would people stop making music? Probably not, but the amount and quality would probably decline. How about movies? They're much more expensive, so maybe we'd only have short films by film students posted on youtube. How happy or unhappy would people be about this? I think that's something we should measure (or at least approximate) rather than guesstimate.

    Do you agree? If not, why not?

  19. Re:Need yes, Succes? by Vanders · · Score: 2, Insightful

    it is Europe where most of the changes need to be made with regards to copyright

    Yes, and it's worth pointing out that the Swedish Pirate Party already have on MEP, and a second "pending" (Pending ratification of Lisbon, that is). So it would appear that Pirate Parties in the EU are going to be capable of getting elected representatives into places where they matter.

  20. Re:grow the fuck up by rotide · · Score: 2, Insightful
    I can't tell how much you're joking versus actually being serious, but I'll bite.

    The Pirate Party isn't going out to _win_ elections. They aren't going out to be a major force and overthrow anyone or anything. The whole point of the Party is to show the other candidates another set of opinions and viewpoints. They are going out to show them that Copyright reform is something worth talking about. That all the laws that have been enacted to thwart copyright infringement matter to the people.

    So what is in the name? To me, Pirate Party does almost sound self defeating. But what does the general population know and understand? If they were the "Copyright Reform Party" would the average citizen really know what that means? Heck, I know people that still think copyrights are only the things that stop you from photocopying books and using slogans from major corporations ads. When they think of how it applies to music/movies/games/digital anything they think of the word Pirate, not Copyright. You also have to figure that when the Pirate Party makes news of some sort, the name alone will make people ask questions. It is intriguing at the very least and may cause people to read up on it and find out what it is about.

    Also, with Pirate having a negative connotation associated with it, if enough votes go _to_ the "Pirates" the powers that be (or are trying to be) will realize that hell, maybe there really are enough people out there that don't agree with the laws and maybe I should do something about that.

    So in short, the Pirate Party isn't trying to win the election, they are just trying to mold the people who will win into something more rational (at least in their view). Part of making big enough waves to make a difference is to have a provocative name that makes people ask questions and learn something new. Otherwise, if they didn't cause people to at least ask questions, what could they ever hope to accomplish?

  21. He is now a career politician. by jotaeleemeese · · Score: 3, Insightful

    This idiotic hatred of politicians as a class must go.

    There are good politicians and bad politicians, painting them all with the same brush discourages the good ones.

    --
    IANAL but write like a drunk one.
    1. Re:He is now a career politician. by Anonymous Coward · · Score: 1, Insightful

      There are good politicians

      Name five that are in a position to do something good and have done so. Good as in for the public, not bought off by corporate bribes / lobbying.

  22. This is nonsense. by jotaeleemeese · · Score: 3, Insightful

    Many parties that changed whole countries were started in a bedroom between a few friends and relatives, against the ruling class and their cronies.

    Somebody like you certainly will change nothing, because to affect change the necessary requisite is conviction.

    --
    IANAL but write like a drunk one.
  23. Re:I might vote for them, but it is futile by just+fiddling+around · · Score: 2, Insightful

    I agree that the current social system(s) need to collapse to enable real reform. My counterpoint is that elections can BE the collapsing point. Revolutions certainly are, and civil war more so.

    So, a new party that the people chooses because it will make "the change" happen, if voted strongly enough, can mark the collapse of an old social order, without bloody insurrection. 20th century example: the "Quiet Revolution" in the province of Quebec(Canada) provoked enormous changes in social and economic ordrer (including the nationalization of all electric power companies) and all started with the ouster of the established political party.

    Money currently supports power, but if the gap between haves and have-nots widens too much, it loses any power it has. We have a saying here: "nothing is more dangerous than a man with nothing to lose".

    --
    You're not old until regret takes the place of your dreams.
  24. Special Interest Party by jandersen · · Score: 2, Insightful

    This party is, as far as I can see, yet another special interest party. They seem to pop up every now and again, and then they die out because they don't really have a policy about other things. That is why we still, after so many years of democracy, only have a small handful of political parties; there are only so many clearly defined, general ideologies out there - in fact, it is hard to really imagine more than two, isn't it?

    So what is this Pirate Party about? Well, freedom of speech - or Freedom of Speech, but it doesn't really become any more general by capitalising the letters. What has Freedom of Speech to say about the financial crisis, unemployment, EU and the military budget? You have be more than a one-trick-pony to tackle real life; it is amazing just how irrelevant the right to make a copy of a DVD is, when you look at the big picture - just about anything is more important.

    The importance of Freedom of Speech was perhaps a bit clearer at a time when you could be hanged for treason if you turned your stamp upside-down on a letter, or later, when you could go to prison for organising a strike against the horrenduous working conditions during the industrial revolution, or for talking about voting rights for women. I think talking about big, fundamental human rights, when it really is about nothing more than wanting to distribute copied games and CDs, serves only to devaluate the important of the fundamental rights.