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Swiss Gov't: Downloading Movies and Music Will Stay Legal

wasimkadak writes "One in three people in Switzerland download unauthorized music, movies and games from the Internet, and — since last year — the government has been wondering what to do about it. This week their response was published, and it was crystal clear. Not only will downloading for personal use stay completely legal, but the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

463 comments

  1. How neutral by darkitecture · · Score: 3, Funny

    It's a Beige Alert!

    1. Re:How neutral by Brett+Buck · · Score: 1, Funny

      "If I don't survive this, tell my wife hello".

  2. Sanity by Peristaltic · · Score: 5, Insightful

    ...it's nice to see it in action once in a while.

    1. Re:Sanity by Anonymous Coward · · Score: 5, Insightful

      I can't believe there is a government that still makes sane decisions. Thank god for Swiss people.

    2. Re:Sanity by Weezul · · Score: 2

      Related : http://www.spiegel.de/international/world/0,1518,800850,00.html

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    3. Re:Sanity by Anonymous Coward · · Score: 0

      You may be a bit slow, but eventually you might realize that artists are suppose to starve for their craft... the distribution is where the money is made. Artists lose no matter what they do. If you doubt this, look up "Hollywood Accounting".

    4. Re:Sanity by Lemmy+Caution · · Score: 5, Insightful

      Most of our bosses don't pay us for our code. They pay us to code, and when they stop paying us, we stop coding.

    5. Re:Sanity by Anonymous Coward · · Score: 1

      I get paid to write code. I don't care if people copy it because I've already been paid.

    6. Re:Sanity by Anonymous Coward · · Score: 1

      How is it sane to rip artists off and never pay them for their work? What if your boss decided not to give you a paycheck for code you wrote? And when you demanded your money, he told you that copyright sucks, information wants to be free, and that your work will simply serve as free advertising for your skills in the future?

      Well I "steal" music.
      But guess what? I still buy as many if not more CDs then ever.
      Why? Because I try before I buy. Then buy the groups/artists I enjoy.
      I also use Jamendo, and have found some great artists giving their music away for free. I actually paid 20 euros each to a couple of artists that I really enjoyed. That's more then they'd ever see from a single sale if they were recording with a label. The label's all about making money... for the label. Most artists get screwed.
      So if the music industry was more about making great music, and less about making tons of money I think the concept of piracy would change.
      Currently it's "you'll take whatever sh@t we tell you to, pay whatever we tell you to, and be f#cking glad we gave you the chance."
      Well that's not for me.

    7. Re:Sanity by Anonymous Coward · · Score: 5, Interesting

      I was just thinking about this today. How fucking great would it be to have royalties coming in on all the COBOL Y2K fixes I made for the next hundred years, or if I shouldn't survive that long, to have them go to my family.

    8. Re:Sanity by Hyperhaplo · · Score: 4, Insightful

      Don't expect it to last.
      No doubt the US will try and strongarm this down sometime soon.

      Meanwhile, does anyone else have the urge to move to Switzerland?

      --
      You have a sick, twisted mind. Please subscribe me to your newsletter.
    9. Re:Sanity by turbidostato · · Score: 0

      How can be modded "informative" *a question*?

      "How is it sane to rip artists off and never pay them for their work?"

      I always pay for what I ask for whatever I negotiated with the one I asked to. I never asked your artist to do nothing.

      "What if your boss decided not to give you a paycheck for code you wrote?"

      I already have a deal with my boss for which code I have to write and he pays me for the job he asked me to do. You probably will be very surprised to know that my boss won't pay me, say, for the job involved in writing this post. Do you know why? Because he never asked me to do it.

      Another think you probably will be very surprised to know is that a boss I had a few years ago is not paying me nothing *now* for the code I wrote for him back *then*. If I want to be payed this month I have to work this month.

    10. Re:Sanity by toriver · · Score: 5, Insightful

      I would love to pay an artist for his work. Maybe they could print an email address I could Paypal some money to?

      But in general I cannot. I instead have to pay a store for my copy. There is absolutely no way for me to know if any of that money end up in the hands of the artist. Yet you somehow seem to accept that? That there are multiple layers between the customer and the artist, each "ripping off" a few dollars?

    11. Re:Sanity by Anonymous Coward · · Score: 0

      If the choice is to criminalize non-artists, or have artists fall back on traditional(ish) patronage methods of compensation, then this non-artist is willing to forgo a short lull of art while "artists" turn their collective backs on us and seek out non-artistic work. And besides, as has been demonstrated time and time again, free-flow of media data leads to higher consumer purchases. I mean, Jesus, how many times do you "artists" have to hear/see it? It's your market's corporate masters that are burning you, not the consuming public. Go indie young man.

    12. Re:Sanity by Anonymous Coward · · Score: 0

      It would suck, since that money would then not be there to pay anyone for *new* projects. Yes, you could sit on your ass all day long, collecting royalties. But the world would come to a standstill.

      Maybe you're like me, and would code your own stuff in that free time. But looking at the real world (the media industry only producing remakes and crap), that seems to be a big exception.
      I find that I work faster and better, if I know I'll get a big reward at the end. (And not in the beginning.)

    13. Re:Sanity by Gr33nJ3ll0 · · Score: 1

      I wonder if that's the point. The Swiss adopt a position we won't like, get big benies when Uncle Sam twists their arm.

    14. Re:Sanity by Mattcelt · · Score: 5, Insightful

      "How is it sane to rip artists off and never pay them for their work?"

      You're right, it's insane. Someone really needs to prevent the major labels and their *AA thugs from doing that.

    15. Re:Sanity by MobileTatsu-NJG · · Score: 2

      Show us the missing money.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    16. Re:Sanity by bondsbw · · Score: 1

      Your act of coding is a service. The music production is sold as a product (but, yes, sometimes it is sold as a service via subscription). This is an apples to oranges comparison.

      I have no personal ownership or copyright for the code I produce. But I get paid many thousands of dollars for that work. If my company bought my work as a product on the market, it would become a customer instead of a boss. The software might only be worth a few hundred dollars to them, since I would have the copyright and have the ability to sell it to other customers. I would be the one who makes all the decisions about the product, so none of my customers would necessarily be able to demand new features or fixes.

      And remember, I don't just get thousands of dollars for the code I produce. I get a computer to produce it with. I get an office and electricity and heat and air conditioning. I get a decent chair and a desk. I get learning materials and servers and various software to help my productivity. I get administrative help to manage my paycheck and taxes that are taken out. But, I don't get to say I own the code.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    17. Re:Sanity by AcidPenguin9873 · · Score: 1

      So what you're saying is, if enough Swiss people stop paying artists, they will stop producing music?

    18. Re:Sanity by AcidPenguin9873 · · Score: 1

      It's insane to justify not paying for music by using an "RIAA/MPAA rip off artists" argument without some other counterbalancing payment. You do understand math, right? If you pay $0 for your music, even less money goes to the artist.

      Maybe you should try to get the artists themselves to not sign a bad deal with the RIAA in the first place, because that's the place where your argument works - not on the consumer side.

    19. Re:Sanity by Surt · · Score: 2

      I'd do exactly what artists should do: perform. In the music space, your music should motivate people to pay you to perform concerts. In the programming space, your code should motivate people to pay you to perform maintenance.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    20. Re:Sanity by xclr8r · · Score: 1

      My sentiments are aligned with the Swiss response. However, how invested is Switzerland in the entertainment production business? I'll make an assumption that they would be more of a consumer country than a producer country. Sorry for my ignorance if I'm completely off base.

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    21. Re:Sanity by Vanderhoth · · Score: 1

      Probably not. There are too many other countries that have ridiculous laws in place to ensure record companies get paid whether people are buying their product or not.

      Canada as an example has taxes on blank media that's passed on to the recording association, whether that media is being use to rip off music or back up family photos or other data.

    22. Re:Sanity by Vanderhoth · · Score: 1

      Artist that sign with major labels make money off tours and concerts not record sales. That's been discussed to death. Deals signed with record labels are meant for two reasons. To keep artist in debt to the company and because of copyrights those company's make money indefinitely from royalties and suing.

      I agree if you could stop artists from making that stupid decision in the first place you'd solve the problem right out.

    23. Re:Sanity by Anonymous Coward · · Score: 0

      There is absolutely no way for me to know if any of that money end up in the hands of the artist.

      Yes there is; for artists that are dead. Elvis, Bing Crosby, Amy Winehouse... you know for a fact the artist won't see a penny anymore. They're dead. Amy's albums have musicians that are still alive, but it depends on their contract ("work for hire") whether they will see any money.

    24. Re:Sanity by MasaMuneCyrus · · Score: 1

      From what I've seen around the world, most of the countries that make entertainment content are crazy about protecting that industry's profits, and most of the countries that only consume said content make good, reasonable laws regarding the consuming of that content.

      It makes sense, really. Countries that make the content are actively involved in the action. Countries that just consume are farther away from the action, and can make more rational decisions. It's not too much different than how onlookers to a sports or event can make good decisions, but when you're down there in the fray it's harder.

    25. Re:Sanity by Anonymous Coward · · Score: 0

      Musician here.

      As long as the same rules apply to all copy-able media, like software, films, books, journals, research papers and music, I'm fine with it.

      Treating music as a somehow special case that people should be allowed to pirate however is extremely unfair.

    26. Re:Sanity by shutdown+-p+now · · Score: 1

      Yet you somehow seem to accept that? That there are multiple layers between the customer and the artist, each "ripping off" a few dollars?

      You don't pay directly to the person in China who had assembled your smartphone, either. Nor did you pay directly to the person who grew the vegetables that you had for dinner.

    27. Re:Sanity by Anonymous Coward · · Score: 0

      That's got to be one of the most insightful comments I've read in the past decade. The copyright law is the same, but the way we work as programmers is similar in the way jesters used to be employed as artists. Starting to sound like if you want to be a programming "rock star", you'll need to sell your soul to the software equivalent of a record company. Does such a thing exist?

    28. Re:Sanity by Anonymous Coward · · Score: 0

      Try living there in January & see how much you still like it.

    29. Re:Sanity by Hyperhaplo · · Score: 1

      I've lived in some cold places and am willing to try for Very Cold. Current home regularly goes negative in winter.. there is a lot I would be willing to put up with for this type of freedom...

      However, moving there won't help if this does not last. Just waiting for the Swiss to be bent over by the US.. how long can this type of sanity last in the face of the current US economy crisis which is largely based on.. 'IP'.

      --
      You have a sick, twisted mind. Please subscribe me to your newsletter.
    30. Re:Sanity by coolmadsi · · Score: 1

      I would love to pay an artist for his work. Maybe they could print an email address I could Paypal some money to?

      Have a look at Jamendo - the music there is all creative commons of some sort, and there is often a "support this artist" link. I think the last time I paid money for music was because I really liked something I got from Jamendo and went back to the artist's page to support them.

    31. Re:Sanity by rioki · · Score: 1

      The just backfired in the last word there. That sounded quite reasonable until you said maintenance and suddenly I though "Job Security for Dummies".

    32. Re:Sanity by Anonymous Coward · · Score: 0

      It's insane to justify not paying for music by using an "RIAA/MPAA rip off artists" argument without some other counterbalancing payment. You do understand math, right? If you pay $0 for your music, even less money goes to the artist.

      Maybe you should try to get the artists themselves to not sign a bad deal with the RIAA in the first place, because that's the place where your argument works - not on the consumer side.

      On the other hand, you could easily argue that the *AA actually steals (money) and defrauds from the artists via much, much, much better lawyers and much, much more experience defrauding artists than artists have dealing with the labels. You could further argue that their attempts to subvert various nation's laws by massive election donations (bribery, legal in the US), lobbying, and then leveraging the control of a nation's government to use that nation to strong arm yet other nations is both dangerous to everyone involved and treasonous to those countries.

      Frankly, in an ideal world, the label's common practices should land most of the people running them in jail or worse. Yay! for Switzerland's government for not yet being subverted by such tactics. I wish I could say the same for mine.

    33. Re:Sanity by Mattcelt · · Score: 1

      I'm a musician as well, and I agree - it should apply to all media, not just music.

      I have bought lim->(0) new CDs in the past five years. But every time I go to a show or meet a musician whose music I like, I will buy merchandise and/or give a donation directly to the artist. Usually that donation is about $10-$20, which is the revenue equivalent (in most cases) to buying 20-40 CDs. I support the artists I like directly and generously, without benefiting the major labels and their litigious associations. No one should confuse my lack of support for the labels as a lack of support - monetary support - for the artists themselves.

  3. Berne Convention by colinrichardday · · Score: 5, Interesting

    Interesting that one of the more famous copyright conventions is named after a Swiss city.

    1. Re:Berne Convention by Anonymous Coward · · Score: 0, Insightful

      The key idea is balance.

      Completely ignoring the rights of artists will only discourage people from further creating such works...
      Yet, this notion has been brought to the other extreme in some countries (read: US).

    2. Re:Berne Convention by king+neckbeard · · Score: 1

      Switzerland is a good place to have international meetings. The meeting that brought many works out of the US public domain happened in Uruguay, but I don't think they have all the much to do with that provision.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:Berne Convention by turbidostato · · Score: 1

      "Completely ignoring the rights of artists will only discourage people from further creating such works..."

      It's only that History has absolutly demonstrated this not to be the case once and again.

    4. Re:Berne Convention by ultranova · · Score: 4, Insightful

      Completely ignoring the rights of artists will only discourage people from further creating such works...

      Really? Because it seems to me that "such works" keep on getting created despite the pretty much total disregard for the copyrights by pretty much everyone.

      Besides, if you want to make a career of acting/directing/stuntmanning/CGI creating/whatever, fine; but why should I subsidize it, either through taxes or by giving up freedom of communication? If you can't succeed without forcing the entire rest of the society to bend over backwards, man up, seek other line of work, and continue making movies or music as a hobby if you like it that much. Or you could admit that you can't succeed without financial support from the rest of the society, and seek such support - it's available, both through the government and private donations.

      This whole War on Access is even more pointless than the War on Drugs. This one doesn't even make for good victims to hate-campaign against.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    5. Re:Berne Convention by The+Immutable · · Score: 1

      I think what a lot of people forget is most of the great works of civilization weren't created with money in mind, but simply for the love of their art. If any of the indie bands I knew (personally) were in it for the money, they'd be in a different line of work. Most of them ARE in a different line of work, at least one makes six figures writing banking software. Besides which, even if you broke into a store and stole a bunch of albums the only people you'd hurt would be the label executives, which nobody should actually care about because they're parasites on the industry. And then you take a look at websites like bandcamp which have many free albums you can optionally pay for, or any of the indie bundles on steam where the product is supplied for free or nearly so but people just throw money at them because they're good. Copyright by no means ensures profit and allowing people to download for free by no means excludes it because if 1,000 people download your song and one person sends you $5 for it, you've just made $5. Copyright is a century old concept, its methodology is outdated. Its usefulness was to prevent more powerful people from stealing an idea and profiting off it while the original author lacks the power of distribution, but now EVERYONE has the power of distribution. Music piracy at the moment is far more profitable due to the sheer publicity it generates for the artists than it is lossy from the lost revenue. That's not to say copyright is useless as a legal construct, as it protects proper attribution, but to enforce it as rigidly as the RIAA would like is simply lunacy. The fact is with digital distribution, CDs are fairly useless. The RIAA is running scared, trying to milk every cent they can out of their existing artists, because there's little to no reason for a new artist to sign up with them. Also,if this trend of the US attempting to implement a police state on the internet and Switzerland saying lolno continues, the entirety of the internet might end up located in Switzerland.

  4. Holy smoke by Anonymous Coward · · Score: 5, Interesting

    A government that makes a common sense. Time to move to Swiss

    Very interesting stats and observation
      However, these people donâ(TM)t spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary. "

    My favorite part
    "The overall suggestion the Swiss government communicates to the entertainment industries is that they should adapt to the change in consumer behavior, or die"

    1. Re:Holy smoke by larry+bagina · · Score: 5, Informative

      A government that makes a common sense. Time to move to Swiss

      "Swiss" is an adjective. "Switzerland" is the country.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Holy smoke by Anonymous Coward · · Score: 0

      YMMV depending on your language. The German term for Switzerland is pretty much "The Swiss."

    3. Re:Holy smoke by theshowmecanuck · · Score: 1

      The next RIAA publicity campaign will equate this policy by the Suise to the volume of Jewish gold and art that ended up in their country after World War II. "Those evil Suise will steal anything. Now they are taking money from our poor executives ^H^H^H^H^H^H^H^H^H^H^Hartists."

      --
      -- I ignore anonymous replies to my comments and postings.
    4. Re:Holy smoke by PPH · · Score: 1

      I'm moving to Switzerland. In fact, I'm having my Nigerian banker transfer my accounts there ASAP.

      --
      Have gnu, will travel.
    5. Re:Holy smoke by Rizimar · · Score: 1

      A language that's flexible. Time to move to German.

    6. Re:Holy smoke by Shoe+Puppet · · Score: 1

      No, that would be "Die Schweizer". The German term might be literally "The Switz"

      --
      (+1, Disagree)
    7. Re:Holy smoke by evilviper · · Score: 1

      A government that makes a common sense. Time to move to Swiss

      No, a government that doesn't want to be on the bad side of the people that voted for them. This could well be one of the truest to-date examples of the popular quotes about democracy:

      A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship. The average age of the world's greatest civilizations has been 200 years.

      Great nations rise and fall. The people go from bondage to spiritual truth, to great courage, from courage to liberty, from liberty to abundance, from abundance to selfishness, from selfishness to complacency, from complacency to apathy, from apathy to dependence, from dependence back again to bondage.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    8. Re:Holy smoke by Yvanhoe · · Score: 1

      A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship. The average age of the world's greatest civilizations has been 200 years.

      That is indeed the age of the current Swiss constitution but their democratic principles have lasted for a lot more centuries, only to be interrupted by Napoleon. There is also a democracy that is 800 years old : Iceland.

      Note however that the Swiss system is different from many : 50 000 signatures on a petition bring a referendum. A yes on the referendum creates a new law. Indeed Swiss people voted for less tax. They are a country with low levels of tax yet with a very good healthcare and education system.

      It takes a very dumb population to not understand what tax is useful for.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    9. Re:Holy smoke by Anonymous Coward · · Score: 0

      If you look at the USA, you have a population who is more likely to know the name of America's Got Talent last season winner than the name of the first man on the Moon.

      But really, the government is to blame. It all starts in school, if you can't teach kids the importance of being educated and having culture, you end up with a country full of people who care more about Snooki's sex life than the latest advances in robotic prosthetics.
      Thankfully there are still some intelligent people in the USA but I don't know if they'll manage to change things there.

    10. Re:Holy smoke by Anonymous Coward · · Score: 0

      Sometimes ^W to delete the whole word is better than deleting it character by character with ^H.

    11. Re:Holy smoke by shutdown+-p+now · · Score: 1

      A government that makes a common sense. Time to move to Swiss

      Just make sure you're not a Muslim, and don't plan to convert anytime soon.

      Also, I hope you don't mind conscription.

  5. That's it.... by Anonymous Coward · · Score: 0

    I'm moving!

    1. Re:That's it.... by Zemran · · Score: 1

      I have wanted to move my servers for quite a while. No one is going to ask to look at your logs... You can proxy through there and enjoy their sane legal system...

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    2. Re:That's it.... by Matt_H · · Score: 1

      Yes you can (for instance swissvpn.net - untested by myself but heard from French cyber-refugees using it).

      And as a Swiss citizen, I have to VPN through a Rackspace VPS that I rented mostly for Netflix! These (mostly) US copyright holders wouldn't want to accept my money otherwise, probably thinking I should pay them more, somehow, maybe, or not, in the future, if they suddenly want to... and that somewhat proves one of the points in TFA.

      So, I'm sorry about paying you that money that you did not want in the first place, US copyright holders.

      Isn't it ironic, don't you think... ? :-)

    3. Re:That's it.... by Anonymous Coward · · Score: 0

      Details please.

  6. Disco Inferno by Anonymous Coward · · Score: 1

    Berne, baby, Berne!

  7. Re:Really? by Daniel+Dvorkin · · Score: 5, Insightful

    its stealing either way

    What is the "it" to which the stealing belongs?

    Okay, seriously: no, it is not. Copyright infringement is not theft. "Piracy," in the sense you're using the word, is not theft. And anyone who says it is has shown that they have nothing meaningful to say on the subject.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  8. After getting shit on by Duke Nukem 4ever, by SensitiveMale · · Score: 4, Insightful

    I don't condone piracy but I can understand it.

    1. Re:After getting shit on by Duke Nukem 4ever, by NFN_NLN · · Score: 5, Funny

      I don't condone piracy but I can understand it.

      Yeah, well... I condone quantum mechanics, but I don't understand it.

    2. Re:After getting shit on by Duke Nukem 4ever, by RobinEggs · · Score: 4, Funny

      I don't condone piracy but I can understand it.

      No kidding. I pirated DNF in the first place and thanked Gearbox in my heart for making it. Figured I'd buy the Balls of Steel edition if the game was decent and make sure they got some profit. After 5 hours of game time I sent them a bill for $3125.

      I demanded $25 an hour for 5 hours of game time, and $3000 for psychiatrist visits - therapy to recover from the rape of my childhood.

      Haven't heard back yet....

    3. Re:After getting shit on by Duke Nukem 4ever, by Anonymous Coward · · Score: 0

      POTM!!! :)

      And Viva La SwissVPN!

    4. Re:After getting shit on by Duke Nukem 4ever, by Anonymous Coward · · Score: 0

      So let me get this straight. Say that someone wanted to download "Who dat say chicken in dis crowd?" [parental advisory: explicit lyrics] - recording made on October 3rd, 1900 - and which comes with the following caveat:

      This recording is protected by state copyright laws in the United States. The Library of Congress has obtained a license from rights holders to offer it as streamed audio only. Downloading is not permitted.

      you wouldn't condone that act of blatant piracy? If so you might want to ponder the question whether you somehow lost touch with reality.

  9. Re:Really? by larry+bagina · · Score: 0, Flamebait

    What if you pirate $100 worth of music and spend $100 on blow jobs from thai lady boys? Both you and the lady boy win.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  10. Careful by Anonymous Coward · · Score: 0

    This might become like one of those Ubisoft Shrugged type events.

  11. Huh? by artor3 · · Score: 4, Insightful

    "...the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

    How do they reach that conclusion? Every dollar I don't spend buying a song or book or movie is not necessarily a dollar I spend on some other piece of media. Those dollars go into the general fund, and get spent on food and gas and rent and utilities. If there's money left over, it goes to general entertainment, but that includes stuff like restaurants and bars and sports tickets and travel. Things that in no way support the people I didn't pay. Maybe some small percentage ends up buying some other piece of media, but it would be a very small percentage.

    So now we've got one side claiming that piracy costs a quintillion dollars a year, and the other side claiming that it costs absolutely nothing. Can we please get some sane leaders to acknowledge the obvious fact: it costs the media companies something, but nowhere near what they claim? That it's bad enough that it should stay illegal, but not so bad that people's lives should be ruined over half a dozen songs? Why does everything need to be black and white?

    1. Re:Huh? by capedgirardeau · · Score: 5, Informative

      I only have 1 anecdote, but for sure I would not spend money on buying TV series on DVD if I didn't download some of the series first.

      I have spent hundreds on TV series in the past 4 years that was only spent because I could preview the show via download.

      I had never spent a dime on a DVD and didn't intend to until I started downloading.

      So for some people at least, the industry don't lose one red cent of money from downloading, but instead makes money it would have never made if downloading didn't exist.

      --
      Wax on, wax off baby!
    2. Re:Huh? by Anonymous Coward · · Score: 0

      and if you had to spend that money on "food and gas and rent and utilities", but instead spend it on a legally purchased movie:

      Who would you be benefiting?

    3. Re:Huh? by Gaygirlie · · Score: 5, Insightful

      You're missing the point, either deliberately or not by a mistake. First of all, with or without pirated content you're still going to pay for food, gas, rent and utilities, so you cannot count that money. Nor can you count the money you wouldn't use on media anyways. Secondly, they mean the money you'd use on media you're likely to spend on media anyways, with or without pirated content available. There are of course always individuals who differ from the general norm, but it does hold true for the general populace.

    4. Re:Huh? by AdamWill · · Score: 5, Insightful

      It depends what you mean by 'costs'.

      Fundamentally the Swiss argument is correct.

      Let's say you spend 10% of your disposable income on music. Now Napster comes along and you download all your music for free, depriving record company executives - I'm sorry, starving artists - that 10% of your disposable income.

      Now, the key question is: what do you do with the savings?

      Your piracy is only ultimately 'costing' the overall economy anything if you then reduce your working hours and take a pay cut that exactly offsets the money you would otherwise have spent on music. If instead you do the same amount of work and take the money and do something else with it - anything else - then the overall world economy has lost precisely nothing. That money winds up going to someone, somewhere. It stays in the system. It isn't magically destroyed.

      There's some interesting subsidiary questions, of course. Like 'what do you spend the money on instead'? At _this_ specific point the Swiss argument is on somewhat shaky ground; I'm not sure they sufficiently proved that the money would be spent on other entertainment products. It would seem more reasonable that maybe people would spend it on _other_ discretionary spending instead. Maybe clothes, put it towards a car, drinks - it doesn't really matter. The point is that if you take the saving and spend it on something else, you're now not just 'costing' the specific music artists in question money, you're 'costing' the entire entertainment industry money.

      This is the key point: this is really what the entertainment industry is worried about. And to a degree it's a legitimate worry. Making it very easy to pirate stuff probably _does_ cost the entertainment industry some amount of money, overall, compared to what they could theoretically make if it wasn't possible. It's a complex argument, maybe it does, maybe it doesn't, but the point of view that it does can at least be sustained.

      Now, the entertainment industry is of course entirely self-serving and therefore attempts to portray this specific loss of economic activity in their sector as if it is some sort of magic overall loss to the economy. It Costs X Billion Dollars, they say - though those X Billion Dollars are not, as we've already seen, magically destroyed. They just go somewhere else. It Costs X Hundred Thousand Jobs - again, it probably doesn't. The jobs just wind up in some other sector.

      However, the entertainment lobby again has a legitimate argument - to some degree, in some jurisdictions. See, you can make the argument that there is an overall cost to an even bigger entity than 'the entertainment industry' - it can be reasonably sustained that there's some degree of overall concrete negative effect on the economies of specific countries. Particularly those countries which are dominant in the entertainment industry.

      Now maybe it becomes a little more clear why America is always pushing for jackbooted copyright laws: America is at the forefront of the worldwide entertainment industry. Hollywood probably represents a huge net trade surplus to the American economy: lots of people who aren't Americans spend part of their disposable income on American movies, American music and so on. Maybe if you go spend that money on clothes instead, more of it winds up in China. Maybe if you go spend that money on a computer instead, more of it winds up in...er, China. Maybe if you go spend that money on a vacation to Beijing instead...hey, okay, I kid. But you see the point. While it's almost inarguably true that piracy does not have any overall impact on the global economy, it's certainly plausible to argue that, to some degree, it hurts America and benefits just about everyone who isn't America.

      That degree is probably proportionally tiny. But you can bet it's a scare card the entertainment lobby plays as hard as it can to politicians.

    5. Re:Huh? by CustooFintel · · Score: 1

      There's some interesting subsidiary questions, of course. Like 'what do you spend the money on instead'? At _this_ specific point the Swiss argument is on somewhat shaky ground; I'm not sure they sufficiently proved that the money would be spent on other entertainment products

      But that "specific point" is the exact thing artor3 is talking about. The phrase he is questioning is, "...the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

    6. Re:Huh? by Anonymous Coward · · Score: 0

      "I have spent hundreds on TV series in the past 4 years that was only spent because I could preview the show via download"

      You're doing it wrong.

    7. Re:Huh? by Anonymous Coward · · Score: 0

      Hmmm. Pretty much everything that I have ever downloaded 'illegally', I eventually thought that it was worth paying for and then bought the dvd. I have thousands of movies and shows on dvd and blu-ray. Personally, I think of it as a loss-leader deal.

        I can only think of one or two that I thought were so bad, the very act of my sitting down to watch it was punishment enough. Several hours of my life wasted, never to be recovered.

    8. Re:Huh? by Anonymous Coward · · Score: 0

      The whole problem with copyright policy in other countries than Switzerland is that they are introducing censorship infrastructure, continuous monitoring or internet communications and use of computing devices, technical limitations that prevent owners from tinkering with devices they supposedly own, huge payouts for relatively small infractions, etc... and all that because of entertainment? Even in the face of continuing evidence that many people still keep paying for entertainment that they could get for free if they felt like it? There must be a better balance, and I'm pretty sure Switzerland is closer to it than the US.

    9. Re:Huh? by Anonymous Coward · · Score: 0

      Perhaps you are not from Switzerland?

    10. Re:Huh? by RightSaidFred99 · · Score: 1

      I agree, US politicians have been bought and paid for. I agree Switzerland is closer to the ideal, but that's only because things are so batshit insane in the US. There should be reasonable protections for copyright holders and reasonable penalties for violators. Maybe if you share out an album and get caught you pay a $200 fine, something like this. If you run a website that sells pirated content, maybe you face a $50k fine. None of this $500 per album per infraction for personal use and then they inflate it to 500 infractions, etc... nonsense.

    11. Re:Huh? by 1u3hr · · Score: 5, Informative

      How do they reach that conclusion?

      Maybe if you read the fucking article you wouldn't have to guess.

      In summary "The report states that around a third of Swiss citizens over 15 years old download pirated music, movies and games from the Internet. However, these people don't spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary."

      They actually did surveys and have figures to back that up. But don't let facts get in the way when they go against your preconceptions.

    12. Re:Huh? by geekmux · · Score: 3, Interesting

      You're missing the point, either deliberately or not by a mistake. First of all, with or without pirated content you're still going to pay for food, gas, rent and utilities, so you cannot count that money. Nor can you count the money you wouldn't use on media anyways. Secondly, they mean the money you'd use on media you're likely to spend on media anyways, with or without pirated content available. There are of course always individuals who differ from the general norm, but it does hold true for the general populace.

      Well, not exactly how I interpreted it when they said that monies would still be spent on "entertainment products". If I don't buy 4 movies a month and instead pirate them and replace that expense with buying a new networked hard drive (you know, to stream all my pirated content), I would consider that an expenditure for my "entertainment products". Next month, perhaps I'll upgrade my computer video card to connect to my HDTV. Again, benefiting a specific company, not the victim of piracy. The copyright holder still ends up with squat.

      This is not "missing the point", this is exactly the point. Expenses supplemented by pirated media do not always feed the industry you're hurting with piracy, but apparently someone within the Swiss Government has enough information to prove otherwise. Then again, statistics be carved up 277 different ways to prove damn near anything. While their conclusion is still rather illogical, their decision is the most sane one I've heard yet on piracy in this particular industry.

    13. Re:Huh? by rts008 · · Score: 1

      Rather than spending time tracking down and digging up citations to bolster the TFS and 'parents' claim, I will point you to an easy to read sane argument put forth by a prominent Sci-Fi author from the Baen Books stable, Eric Flint:

      Baen Books is now making available â" for free â" a number of its titles in electronic format. We're calling it the Baen Free Library. Anyone who wishes can read these titles online â" no conditions, no strings attached. (Later we may ask for an extremely simple, name & email only, registration. ) Or, if you prefer, you can download the books in one of several formats. Again, with no conditions or strings attached. (URLs to sites which offer the readers for these format are also listed. )

      Why are we doing this? Well, for two reasons.

      The first is what you might call a "matter of principle." This all started as a byproduct of an online "virtual brawl" I got into with a number of people, some of them professional SF authors, over the issue of online piracy of copyrighted works and what to do about it.

      There was a school of thought, which seemed to be picking up steam, that the way to handle the problem was with handcuffs and brass knucks. Enforcement! Regulation! New regulations! Tighter regulations! All out for the campaign against piracy! No quarter! Build more prisons! Harsher sentences!

      Alles in ordnung![...]

      1. Online piracy â" while it is definitely illegal and immoral â" is, as a practical problem, nothing more than (at most) a nuisance. We're talking brats stealing chewing gum, here, not the Barbary Pirates.

      2. Losses any author suffers from piracy are almost certainly offset by the additional publicity which, in practice, any kind of free copies of a book usually engender. Whatever the moral difference, which certainly exists, the practical effect of online piracy is no different from that of any existing method by which readers may obtain books for free or at reduced cost: public libraries, friends borrowing and loaning each other books, used book stores, promotional copies, etc.

      3. Any cure which relies on tighter regulation of the market â" especially the kind of extreme measures being advocated by some people â" is far worse than the disease. As a widespread phenomenon rather than a nuisance, piracy occurs when artificial restrictions in the market jack up prices beyond what people think are reasonable. The "regulation-enforcement-more regulation" strategy is a bottomless pit which continually recreates (on a larger scale) the problem it supposedly solves. And that commercial effect is often compounded by the more general damage done to social and political freedom.

      My own experience backs this up.

      I have spent more on books since I heard about the Baen Free Library (here on /.) about 10-12 years ago, than I have since college days (about 25 years ago...49 books [USD $274] in the past 3 years). *Disclaimer: Baen Books deals with predominately Sc-Fi and Fantasy.*
      Anecdote....yes, but I've seen this same pattern displayed frequently in family, friends, acquaintances, and occasionally with random strangers.

      Get them exposed/introduced to the artist's works, and if they find it interesting enough, they will pull out their wallets if the price is right, or close enough to the right price.

      And the right price will vary between individuals.
      *[re: above anecdote]*
      You might think that I...:
      a) ...paid a ridiculous price for that garbage.
      b)....paid about what it's worth.
      c)....received a bargain.
      d)....any point between any two of the above.
      * FINE PRINT: YMMV, depending on preferences/interests.*

      I would suggest that you read all of Eric Flint's short essay (quoted excerpt above) for the POV of author/artist and publisher.

      BTW, I can recommend Eric Flint's works, along with:
      Catherine Asaro, David Drak

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    14. Re:Huh? by stephanruby · · Score: 1

      How do they reach that conclusion? Every dollar I don't spend buying a song or book or movie is not necessarily a dollar I spend on some other piece of media. Those dollars go into the general fund, and get spent on food and gas and rent and utilities.

      I think they're talking about an aggregate, not your single data point. I also think you're being disingenuous. We're talking about disposable income here, not the money you spend on rent, food, gas, or utilities. I doubt your landlord gets an extra donation every time you save some money on something else. You also don't sound like you're a heavy consumer. I doubt the music industry is making much money on you either way.

    15. Re:Huh? by Anonymous Coward · · Score: 0

      "...the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

      The statement of the department of justice (http://www.ejpd.admin.ch/content/ejpd/de/home/dokumentation/mi/2011/2011-11-30.html) never says this. This is an interpretation of the article writer.

    16. Re:Huh? by toriver · · Score: 2

      More bullshit allegories from those that seem hell-bent on defending megacorporations that exploit artists.

      Artists in general are people making "luxury goods" instead of contributing to society in other ways. But Governments recognized that having some output like that was a valuable contribution to defining the culture, and so enacted laws that gave a limited monopoly to make some money on the work before it entered the public domain where it belonged. But with the rise of the entertainment industries, the laws were morphed into what we have today, which is artist serfdom combined with a "lottery" where you need to become really popular to make a living from copies of your work.

      Are you American? Remember that your country gladly ignored copyrights on foreign works in order to "kick-start" their printing etc. businesses. Remember that you earlier had to register your copyright for it to be valid, and a lot of "blues standards" are that precisely because noone told the black musicians that little fact. Remember that there are multiple types of copyright that interact, not just one simple law - have you ever sung "Happy Birthday" to your son? INFRINGEMENT!

      Also think over how the "classics" are enjoyed by all simply because their copyright has expired. In fifty years time, theater companies will continue to perform Romeo and Juliet, while scripts from last century will have been forgotten because they were jealously guarded "assets" to some company.

    17. Re:Huh? by Anonymous Coward · · Score: 0

      Nice insightful comment :)

      Making it very easy to pirate stuff probably _does_ cost the entertainment industry some amount of money, overall, compared to what they could theoretically make if it wasn't possible.

      In a way, this is a "truism". Theoretically, assuming piracy is impossible (e.g. 100% effective DRM (lol)), the entertainment industry can charge any arbitrary value for each instance of a certain media (due to copyright-enforced monopoly). So, the issue here is "entitlement": entertainment industries assert that they're not getting enough money (i.e. they aren't making as much money as they theoretically could be doing) for something which has a marginal cost of replication of (approximately) zero.

      The thing is... maximization of profit requires estimating a price point such that people_who_are_willing_to_pay_that*price_per_unit=total_profit is maximized (where people_who_are_willing_to_pay_that gets lower as price_per_unit gets bigger): it implies that the entertainment industry actively and consciously _excludes_ a subset of all consumers from being considered "customers" (i.e. they already expect the price to be above what x% of the population are willing to pay for it). If we think about other standard practices like "region locking" and whatnot, it becomes even more clear that the entertainment industry itself actively prevents certain subsets of consumers from being their customers (again, following a profit maximization strategy, which is what any rational agent would do, I guess).

      This is all fine and dandy until "copyright law" stops being effective in enforcing a monopoly (which is what we see today) and pure capitalism steps in: the entertainment industry simply cannot compete with pirates in terms of price (although it certainly can compete in other aspects). In the case of media which is "region restricted", the situation is even worse: there are only the pirates, as entertainment industries refuse to serve potential customers outside designated regions. So... yeah... _theoretically_ they are not making as much money as they could be making.

      But in practical terms, they had already counted the "pirates" as non-customers anyway (during their assessment of the "optimal" pricing and region-locking scheme), which implies that claiming that piracy makes them lose money is a gross oversimplification which is borderline deceiving: they are already getting as much money as they could ever get (according to their own price->profit analysis) and they cannot blame anyone else but themselves for allowing "piracy" to become, not only the cheapest, but often the most practical/hassle-free way of obtaining media.

      Finally, it's also deceit when they try to frame "pirates" as a homogeneous population: in fact, there are two subtypes of pirates...

      a) the _actual_ pirates: you know, the ones that won't/can't pay for media (i.e. the ones that wouldn't give them money anyway);

      b) media junkies: these are the people that have whole collections of bought-and-payed-for DVDs and hundreds of albums (i.e. the ones that either pirate as try-before-buy or simply don't have money to cover all the media they'd like to have).

      This is important because the first subtype is not their customer anyway: if there's not a way to pirate X, they'll just live without having X (i.e. there's no money to be made here). You can demonize them, crack down on them, whatever: they simply won't pay because they don't want to (or can't). On the other hand, the second subtype (and, according to what I see, often the "heaviest" pirates) do give money to the entertainment industry, so it might be a good idea not to demonize them, unless they want to completely lose _those_ customers to piracy too.

      Disclaimer: I don't really pirate a lot (or, at least, not more than the average person), but simply because I don't care for media _that_ much... If I want to see or hear something, I can live with youtube or whatever. So... basically, I'm on the fi

    18. Re:Huh? by FatLittleMonkey · · Score: 1

      Can we please get some sane leaders to acknowledge the obvious fact: it costs the media companies something, but nowhere near what they claim? That it's bad enough that it should stay illegal, but not so bad that people's lives should be ruined over half a dozen songs? Why does everything need to be black and white?

      But perhaps it doesn't need to stay illegal, even if a particular industry has lost business. Should we criminalise a large percentage of society to protect what is actually a very very small part of the economy?

      Society is changing. It changed when copyright was introduced, it changed when recorded music was invented. Now it's changing again thanks to downloads. Maybe we won't see the highly produced music, blockbuster films, triple-A games, etc, that we're used to. And maybe that sucks. But we coped with previous changes without our entire culture curling up in a ball and dying, there's no reason why we can't adapt to the end of the copyright industry.

      So why is this one particular industry deserving of more protection and preservation than we've offered to other dying industries?

      --
      Science is all about firing a drunk pig out of a cannon just to see what happens.
    19. Re:Huh? by Anonymous Coward · · Score: 0

      Your appeal to "sanity" still includes censorship, loss of privacy, unending copyright, a destroyed public domain and punishment for learning or viewing unauthorized content. Why would you consider profit to be important enough to justify any of those things?

      We finally get to see one faint glimmer of hope on our collective march towards a dark, dark future of information imprisonment and now you speak up, "hey guys, lets be reasonable here and think this through"!?

    20. Re:Huh? by houghi · · Score: 1

      Your piracy is only ultimately 'costing' the overall economy anything if you then reduce your working hours and take a pay cut that exactly offsets the money you would otherwise have spent on music.

      And even this is only true in part.
      If 10 people take a 10% cut in working hours, it would mean that a 10th person who has no job will be able to get one now. In Europe this would mean a reduction in unemployment benefits. That money would become available to the state or could mean reduced taxes. That makes everybody better off.

      The same could be said for food.

      --
      Don't fight for your country, if your country does not fight for you.
    21. Re:Huh? by Anonymous Coward · · Score: 0

      You got it wrong.

      People first spend money on gas, food, rent, etc and THEN they use what they have left for entertainment. So the money that people "save" by downloading has to be money that they would have spent on entertainment had piracy not been possible/legal. That money they save doesn't go to pay food since that's already paid for. Instead, it goes back into their entertainment budget.

    22. Re:Huh? by swb · · Score: 1

      I think the ultimate answer is statistical -- what percent of disposable income to people spend on entertainment? If that number stays the same or goes up, then piracy isn't affecting how much people spend on it. They consume more, but they spend the same (or more).

      You'd have to do a study of some kind to prove it, but there's probably some reason to believe piracy may cause increases in spending as people are able to find new interests without risk. Restriction on copying/sharing actually suppresses sales because people are unwilling to assume more risk on quality; when you reduce the risk by allowing them to sample for free, they are more willing to spend.

      The producers aren't arguing the real-world economics of it, though, they are arguing that they are entitled to control the sale and distribution of their product and that someone consuming it without paying for it is "costing them money."

      They aren't really incurring a cost (presuming you don't physically steal the media or download it from their servers), though, but they are not getting paid and it does violate their legal rights.

      My overall sense is its time for a new model.

    23. Re:Huh? by Anonymous Coward · · Score: 0

      What about the people who download more than anyone could possibly afford? You know, the kind of people Slashdot loves to talk about as an example of ridiculous copyright, who download millions of dollars worth of copyrighted material a year? Do THEY spend that money on other material too?

    24. Re:Huh? by Anonymous Coward · · Score: 0

      "...the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

      How do they reach that conclusion?

      They don't have to. They red the reports of the research that have been done on the subject. This way they don't have to pull numbers out of their ass and can make informed descitions based on real data.

    25. Re:Huh? by Kjella · · Score: 1

      Secondly, they mean the money you'd use on media you're likely to spend on media anyways, with or without pirated content available. There are of course always individuals who differ from the general norm, but it does hold true for the general populace.

      Any place I save money they just go back to my general slush fund, they're not earmarked for anything in particular. If something costs less I might do it more, but it has been considered against all other things I might spend that money on. If you like the price buy or if you don't download basically means you pay as much as you like, and I'm pretty sure over time people like to pay less...

      --
      Live today, because you never know what tomorrow brings
    26. Re:Huh? by LordKronos · · Score: 1

      First, we've seen a number of studies that show the more people download, the more they tend to spend on music, so the assumption that downloading hurts that particular industry or artists is in doubt.

      Second, they say that downloading is complementary. In my case, this is true. I download music, but it's mostly just to listen to a song once or twice and then it just sits there. The music I listen too over and over are bands that I really appreciate and enjoy their music. For them, I don't even bother trying to download it. As soon as a new CD comes I buy it right away. If downloading went away, I can guarantee you I wouldn't spend a penny more on music. In fact, if all forms of "downloading" (including things like youtube) went away, I'd probably spend a little less as I wouldn't have discovered a couple of bands.

    27. Re:Huh? by Anonymous Coward · · Score: 0

      I'm sure the next step is for the US to invade Switzerland - Operation Protect Our Intellectual Property. Or maybe we'll seize all their assets in the US and give it to big media - UBS Inc. will become Sony Records Financial Corp. Or divert what little education spending we have left to make enough predator drones to black out the sun over Switzerland.

      And of course we'll have to symbolically rename Swiss Steak to Freedom Meat..

    28. Re:Huh? by wisnoskij · · Score: 1

      Because basically no one has money left over at the end of the year, they cannot guaranty that every cent goes where it would of gone (you should assume that more of it shifts towards the quality artists instead of the best advertised). But when all things are said and done the same amount has been spent on luxuries and theoretically the population are also happier because they got more luxuries then they could of possibly paid for.

      So everyone still contributes as much as they can possibly afford and everyone is happier because they also get as much as they want.

      All in all it does kindof seem like a good way for the Swish to optimizing quality of life.

      --
      Troll is not a replacement for I disagree.
    29. Re:Huh? by Anonymous Coward · · Score: 0

      Here is a list of the ways that I can watch a show such as Dr. Who:

      1) Wait until they air on PBS.
      2) Borrow them from the library.
      3) Purchase them.
      4) If I lived in England, stream them from the BBC.
      5) If it was on Hulu, stream it any time from anywhere.
      6) Illegally stream them any time from anywhere.

      In the first three cases, someone in my country pays the BBC, but the money only comes out of my pocket in the third. The fourth case is for the Brittish taxpayer. The fifth case does not stream on Hulu. The sixth case earns no money for the BBC to continue the production.

      Let's look at the other side though. In the first case I have to wait until PBS broadcasts the show. In the second, I have to go to the library. In the third case, I have to spend money for something that I will likely watch only once. In the fourth case, the BBC blocks me. In the fifth case, Hulu does not have the content. In the sixth case, I can just watch the show any time and anywhere that I want to.

      The issue is not the content, but the delivery system. I want to watch a show when I am ready to, not at 9:00PM on Thursdays. I would gladly sit through Hulu commercials to watch the show legally. Where this breaks down is in the attempt by media and telco companies to control and monetize every potential viewer of their production in perpetuity. In their interest, they would have copyright extend forever (Happy Birthday Song!?), and collect fees every time that someone thinks about their product.

      The earnings of the media industries do not translate to payment for the artists, however. This is why TV show writers go on strike. This is why recording artists sue record labels for compilation albums that do not forward any royalties.

      The bottom line is that the Swiss have it right, and the media companies need to adapt in order to survive.

    30. Re:Huh? by Vanderhoth · · Score: 1

      It seems, to me at least, that you are "missing the point" or are being intentionally dense. A hard drive is not an entertainment product. A game is an entertainment product. The hard drive is a means of consuming the product. Same with a computer. It's the means of consumption, not the entertainment.

      What is meant is that maybe you download those four movies, but the money you save by not renting or buying them instead is spent to go to the theater, or a concert, or buy other movies that you know you'll like instead of wasting the money on something you're unsure of only to find out you didn't really care for it.

    31. Re:Huh? by Anonymous Coward · · Score: 0

      I for sure would not spend money on buying TV series on DVD if I could download it instead.

    32. Re:Huh? by Anonymous Coward · · Score: 0

      "Every dollar I don't spend buying a song or book or movie is not necessarily a dollar I spend on some other piece of media. Those dollars go into the general fund, and get spent on food and gas and rent and utilities."

      What you're saying is that buying a song or a book would be money you're short for gas, rent and utilities. And you can only afford the essentials by not spending money on entertainment.

      You don't seem to have a clear picture of your own budget.

    33. Re:Huh? by Anonymous Coward · · Score: 0

      Sorry, but artists actually benefit from going through a "mega-corporation". They could simply not go through a label and do all of the marketing, distribution, etc. themselves. Granted, this is becoming increasingly possible through the advent of online distribution and social networking sites. However, labels still provide a large amount of status for a band/artist. Most of the time, you're going to have a hard time booking gigs and getting more support in general if you're not a signed band. It's definitely the case that bands (such as Coldplay) would not need to go through a label because of their status around the world, but they got started with a label, and so do all other bands. When artists sign with labels, they often do it with the mindset that giving away 50% of their profits (or however much they actually give away) is better than keeping 100% of nothing.

      That is why you have the music industry signing with bands. There is no government entity telling people that if they play music, they have to sign with a mega-corporation. They are bringing this "exploitation" on themselves. It's part of being in the entertainment industry. If they feel that they are being exploited (in the truer sense of the word), they can move to a different label (barring contracts, I suppose). It's a free market.

    34. Re:Huh? by SigmundFloyd · · Score: 1

      "...the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

      How do they reach that conclusion?

      Exactly. The sentence you're quoting is 100% bullshit. Watch it being applauded on Slashdot as a prime example of logical thinking.

      Thieves are often hypocrites as well.

      --
      Knowledge is power; knowledge shared is power lost.
    35. Re:Huh? by Anonymous Coward · · Score: 0

      First of all, with or without pirated content you're still going to pay for food, gas, rent and utilities, so you cannot count that money. Secondly, they mean the money you'd use on media you're likely to spend on media anyways, with or without pirated content available. There are of course always individuals who differ from the general norm, but it does hold true for the general populace.

      If you could duck out on paying for one of food, gas, rent, utilities as easily as we can for media, and I told you we spend the saved money on whichever of those we didn't pay for most of the time, you'd think I was nuts.

      Try it.

      The money I saved by stealing food goes towards buying more food. You have got to be fucking with me.

    36. Re:Huh? by geekmux · · Score: 1

      It seems, to me at least, that you are "missing the point" or are being intentionally dense. A hard drive is not an entertainment product. A game is an entertainment product. The hard drive is a means of consuming the product. Same with a computer. It's the means of consumption, not the entertainment.

      Uh, that is exactly my point. The money they're spending isn't always on the industry affected by piracy.

      What is meant is that maybe you download those four movies, but the money you save by not renting or buying them instead is spent to go to the theater, or a concert, or buy other movies that you know you'll like instead of wasting the money on something you're unsure of only to find out you didn't really care for it.

      Yes, that is what is meant by this law, but unless you've got some sound statistical data to back it up(that's some pretty detailed data mining on an entire populace), the interpretation is based on assumption that piracy losses will ultimately be fed to an equal level in the affected industry. Apparently, they're fed to an acceptable level, but I suppose the ultimate judge of that would be the artists themselves.

      Either way, the final ruling was a refreshing bit of promise in the overall scheme of things. Let's hope it spreads.

    37. Re:Huh? by Anonymous Coward · · Score: 0

      Try this. Have someone watch addictive TV show for free. Add more addictive shows. Add a few more shows. This person starts to crave watching those TV shows.
      Evidence? All the kids that fight over watching their favorite show that comes on at the same time as their sibling's favorite show. Adults that spend 7 hours A DAY watching MARATHONS of CSI, Bones, and Law and Order: SVU. Adults that spend the 11am-3pm block watching soaps daily.
      then the new Pokemon/Yu-Gi-Oh/Hello Kitty comes out with a movie and makes 300 Mil the first weekend. Burn Notice is getting a movie. As adults, we want to buy the shows we watched as kids. Action figures for kids get bought. We have seen every episode of Lois and Clark, but we still buy the DVD, then the BluRay, then the Amazon/iTunes version, so it is always with us. After all, that 4.99 is worth all those hours spent ripping that BluRay, right?
      It doesn't matter if the first time we see something is on YouTube, or Kazaa, once we are addicted. The first time I heard Weird Al, I saw his music vid of Like a Surgeon on kazaa. I went on to purchase two or three albums that same year.

    38. Re:Huh? by swillden · · Score: 1

      Hollywood probably represents a huge net trade surplus to the American economy: lots of people who aren't Americans spend part of their disposable income on American movies, American music and so on.

      Well, a small net trade surplus. In spite of the large amount of attention we give the entertainment industry -- because it's entertainment! -- if you look at the numbers and start comparing it to other industries it's not really very big. What Hollywood definitely does have is political and popular influence way out of proportion with its actual effect on the economy.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    39. Re:Huh? by AdamWill · · Score: 1

      I wasn't engaging with any kind of 'moral rights of creators' argument. That's an entirely separate question. The entertainment lobby likes to talk more about the _economic_ consequences of copyright infringement than the _ethical_ ones, and that's the question I was talking about. If you're just talking about pure economics - the flow of money - morality doesn't really come into it.

    40. Re:Huh? by AdamWill · · Score: 1

      It doesn't matter how much stuff you download, really. It only matters how much spending that downloading activity displaces.

      Data is not a scarce resource: if I download every movie ever made it doesn't somehow stop everyone else from getting those movies. If I would have spent $200 on movies this year and instead I spend $0 because I downloaded "$200 worth" of movies, the economic impact of my activity on the entertainment industry is $200. If instead I downloaded "$10,000,000,000 worth" of movies, the net economic impact of my activity on the entertainment industry...is still $200. That 10 squillion dollars is an entirely notional value. I don't *have* ten squillion dollars. Even if piracy was utterly impossible, that ten squillion dollars I 'stole' would not magically appear out of nowhere and wind up in the entertainment industry's pockets. They would just get their $200, no more.

      (note: I don't actually download movies illegally. The above is simply an illustration.)

    41. Re:Huh? by AdamWill · · Score: 1

      yeah, I regretted that 'huge' about as soon as I hit submit. It really isn't a big number in context.

    42. Re:Huh? by Anonymous Coward · · Score: 0

      You're what's called an outlier, and are generally ignored by statistics.

      The AVERAGE person will be "Hey, I've got an extra $10 this week. Let's head to the movie theater" or more likely "I can put that money to getting more cable TV channels"

  12. Swiss do not criminalize their own population by Anonymous Coward · · Score: 5, Informative

    Also they pay 'copyright tax' on every blank media, hdd and ssd sold that get redistributed to registered artists.

    1. Re:Swiss do not criminalize their own population by Anonymous Coward · · Score: 0

      Approximately the same percentage of the population has smoked weed, yet it is still illegal...

  13. Common sense? by Anonymous Coward · · Score: 1

    I never thought I would see the day a govt used this. I and many others will never give up free entertainment that is not live! I love that some one see's that we will always download and find ways around them no matter what so you should just let it go.

  14. Makes you wonder why this doesn't happen in the US by Anonymous Coward · · Score: 0

    If this study the Swiss government did is accurate in that even with piracy, the amount of money spent by households on entertainment remains the same, why would any film, music, or game studio bother going after pirates? If anything, they should lobby for a better standard of living and wage increases so people have more money to spend (not a larger percentage of income, but it would be a larger dollar amount) on their products.

  15. Re:Not surprising by king+neckbeard · · Score: 4, Insightful

    True, but practically all of the creative individuals you mention are the accountants that shit on the actual artists.

    --
    This is my signature. There are many like it, but this one is mine.
  16. Indentured servatude by Anonymous Coward · · Score: 0

    I for one would prefer to be dominated by a nameless corporate authority in order to control the flow of money. After all, the name I use requires me to as the government owns it. I pay lots of taxes to this nameless sky daddy to make sure the people around me are as miserable as I am, and as such I enjoy being dominated by people stupider and more socially decayed than I am. Bring on the fictional liabilities, my life exists to generate wealth for psychotic people with fucked up priorities, and yours should too.

  17. Re:Really? by Zemran · · Score: 4, Insightful

    Stealing is the act of taking someone else's property with the intention of permanently depriving them of that property. This is not stealing in any way. There is no intention to permanently deprive anyone of anything.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  18. Re:Really? by Anonymous Coward · · Score: 0

    its stealing either way

    What is the "it" to which the stealing belongs?

    Okay, seriously: no, it is not. Copyright infringement is not theft. "Piracy," in the sense you're using the word, is not theft. And anyone who says it is has shown that they have nothing meaningful to say on the subject.

    I just stolen all your comments.

  19. Re:Really? by Gaygirlie · · Score: 4, Insightful

    It's still getting something for nothing, and maybe you spend the same amount in entertainment, but its distributed totally differently. If you spend $100 on some blockbuster concert and then pirate 10 albums from smaller bands, the only one winning is the big act. Rationalize it any way you want, but its stealing either way.

    And who's to say that the $100 would go to the smaller bands if there was no pirated content available? It's just as likely that the person pirates songs from smaller bands to sample them out and then goes and buys $100 worth of goodies from the ones that feel worth it. You can try and rationalize it any way you wish, but it simply isn't as clear-cut as people try to make it out to be.

    Besides it's not theft. Hell, it's not even deprivation of income as you cannot just assume that the person would buy the content if it wasn't available for free. If anything it's often free advertising.

  20. Highly compelling, however... by RobinEggs · · Score: 3, Interesting

    These are great results, but they apply only to a small number of European countries. The people who are about to say: "See! If only RIAA would back the fuck off they'd make the same profits anyway!" are completely unjustified in using this particular study to support their argument.

    Switzerland, Denmark, the Netherlands, etc. all have more socialism and more general social trust (as I understand it) than most countries. Lots of people don't even lock their doors in Denmark; they leave strollers with children in them outside the store while they grab a gallon of milk. I'm not saying there are no criminals and no extreme downloaders, but in general there's more respect for others' property and more belief that everyone is in things together. It's not surprising that such people still spend a great deal of money on entertainment in addition to some downloading.

    In the United States, however, it's totally different. Individualism and extreme selfishness are far more common. I know tons of people who download in excess of 5 times as much as they buy, and I myself download literally 99% of what I consume.

    I'm not here to say that RIAA and the MPAA are right/wrong, or that they're making/not making enough money even with downloading; those are all separate talks. What I am saying is that a study about the Netherlands (this study is based on data from the Netherlands, which the Swiss consider highly analogous to their own country) doesn't prove a damn thing about intellectual property law or the state of entertainment businesses in the US, so stop drawing stupid parallels before you start.

    1. Re:Highly compelling, however... by Anonymous Coward · · Score: 3, Interesting

      You are missing the point.

      Let's say inflation and your salary stay consistent. For 5 years, before you discovered piracy, you always spent $200/year on entertainment. Now you discovered piracy, you increase your entertainment consumption by 5x but increase your entertainment spending to $300/year. Is piracy helping or hurting the entertainment industry?

      On one hand you are not paying the full amount On the other hand, the entertainment industry would only get $200/ year from you without it.

    2. Re:Highly compelling, however... by PPH · · Score: 1

      The RIAA will impute a $1000/yr charge. Or maybe they'll use your $300/yr expenditure and 5x consumption and bill you for $1500/yr.

      Regardless of whether you'd have to starve your kids to actually spend that much. You've got it. They want it. The damned kids can go hungry.

      --
      Have gnu, will travel.
    3. Re:Highly compelling, however... by jaymz666 · · Score: 1

      Why would his entertainment spending increase?
      We went from buying two or three DVDs a month to buying two or three DVDs a year after we signed up for Netflix. We also started going to less movies in the theatre.
      Music did not go up, cable did not go up.
      So, instead of ~$30 on DVDs and $60 on movie tickets we went to $20 on movie tickets and $16 on Netflix, now $20 on Netflix.

    4. Re:Highly compelling, however... by Animats · · Score: 2, Informative

      Switzerland, Denmark, the Netherlands, etc. all have more socialism and more general social trust (as I understand it) than most countries.

      Switzerland does have some socialism, but it's local, as in communal heating systems for a town. As for "general social trust", a typical Swiss railroad ticket booth has armor glass, banks go much further than that, and the country has bomb shelters for the entire population. There are hidden underground military facilities throughout the country, everyone in the military reserves has an assault rifle and a combat load of ammo at home, and they all have to requalify on the range every year. Social trust in Switzerland exists but is not given lightly.

    5. Re:Highly compelling, however... by Anonymous Coward · · Score: 5, Insightful

      You know, I'm Dutch. Nowhere I've lived does anyone leave the stroller outside the store, people would consider anyone who did so careless. What I have noticed however is the total idiocy of Americans when they hear the word socialism, it's like the magic word to turn their brains inside out; if you so much as mention the word that conflicts with their very deeply held belief in their governmental system they perform the same acts of miraculous mental gymnastic that extremely religious tend to do.

      People here are greedy, people are shit, individualist, selfish. You know what? They're still human. Hey imagine, we also have crime and stuff.

      Please try and decipher the world without adhering to socialism as some antagonizing feature for ideas. If I go out of a job, I am fucked just as you are. I pay insurance every month to make sure I can afford a doctor and dentist. I also pirate, I pirate the shit out of things; especially popular american culture. All my money goes to artists who rise above that level of discourse. I pay my taxes happily knowing that some people benefitted from that education 'socialist' me provides so I can enjoy the fruit of their labor instead of watching something made to appeal to some total zombie.

      There will always be a difference between any two countries, but please don't draw utterly stupid and uneducated conclusions from brainwashed guesswork. And thanks to socialism you can even disagree with me because I speak your language. Ace.

    6. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      Just to add injury to insult; I am a filmmaker myself and the mpaa / riaa are dead wrong, anywhere on the planet. Riding your little mental rollercoaster to squeeze socialism somewhere into that discussion is so utterly incomprehensible that I might make my next movie based on it simply to see if I can manage the utter absurdity of it.

      It makes me sad, look at the indie game developers who make tons of money by actually making interesting stuff, artists that would have never been discovered without the internet and so on. Please man, for the sake of human cultural evolution just refrain from going where you just did. We need new things, we want better things than Shakespeare and Batman, not forever more of the same thing. So if you want a new ride on that rollercoaster, think about how pure capitalism promotes utter cultural stagnation because there is no longer anyone left with enough money + brains to consume products of quality.

    7. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      The real piracy problem for the industry is China, not the US.

    8. Re:Highly compelling, however... by f()rK()_Bomb · · Score: 1

      There have been studies that show people spend more on live gigs and merchandising as piracy rises. I know that I have found more musicians I'm interested in through YouTube piracy and hence spend more money going to gigs to see them. I've never bought a cd, by the time I was 16 I could download anything I wanted already. But if I didn't have the option of easily trying new music and had to pay 20 for a cd, well I'd rarely buy any. I remember thinking CDs were way too expensive and never bought them. I'd probly copy them off friends and distribution would be much slower. That was what I did before mp3 really took off in 98 or so. The exact same thing apples to games and movies. I buy more games cause I can filter through the bad ones so easily.

      --
      "The space elevator will be built about 50 years after everyone stops laughing." - Arthur C. Clarke ~1980
    9. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      If people are spending exactly the same percentage of income on entertainment, but are now consuming 5 times as much of it, where does the extra time come from? Do people now have more hours in the day than 20 years ago? Or are you just talking out of your ass?

    10. Re:Highly compelling, however... by damburger · · Score: 3, Informative

      The guns aren't because the Swiss don't trust each other. Its because they don't trust the French, the Germans, or the Italians - and not without good reason.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    11. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      Before drawing stupid parallels, how about "media should adapt to consumer needs, and not viceversa" ? I think this should be portable enough for any country.

    12. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      I download everything and spend $0/year. If I couldn't download everything I watched and listened to, I would spend >$0/year. That's a fact.

    13. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      Funny how you think socialism implies respect for others' property.

    14. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      Please try and decipher the world without adhering to socialism as some antagonizing feature for ideas.

      What I have noticed however is the total idiocy of Americans when they hear the word socialism, it's like the magic word to turn their brains inside out; if you so much as mention the word that conflicts with their very deeply held belief in their governmental system they perform the same acts of miraculous mental gymnastic that extremely religious tend to do.

      The poster made socialism sound rather good....he specifically contrasted socialism and "more general social trust" with the "extreme selfishness" of Americans. You can argue that he's not entirely accurate, but most of your post seems like you're projecting your opinion of the typical American right-winger, someone who views "socialism" as a synonym for "indescribably evil", onto someone who was arguing for elements of socialism.

    15. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      I am not sure 50 bullets counts as "combat load of ammo", it is only about 2 magazines :-), and the basic idea was that you could "fight yourself through" to an assembly point. Furthermore, we are moving towards not keeping assault rifles at home, after a couple of cases where people were killed using military-issued assault rifles. And the re-qualify thing is not all that hard, you get as many tries as you need to get the required number of points.
      I mean, your post is basically correct, we are maybe just not quite as gung-ho about it as you might think :-).

    16. Re:Highly compelling, however... by Tom · · Score: 3, Interesting

      Switzerland, Denmark, the Netherlands, etc. all have more socialism and more general social trust (as I understand it) than most countries. Lots of people don't even lock their doors in Denmark; they leave strollers with children in them outside the store while they grab a gallon of milk. I'm not saying there are no criminals and no extreme downloaders, but in general there's more respect for others' property and more belief that everyone is in things together. It's not surprising that such people still spend a great deal of money on entertainment in addition to some downloading.

      These countries still have the concept of society, as being a group of people, instead of everyone competing with everyone else on everything. What you call "socialism" is simply the government participating in being a good neighbour. When I've contributed to society for several decades with my work, and taxes, etc. then society can help me out a little when I fall on hard times.

      Some countries have a basic distrust. In Germany, for example, the main job of the government agency in charge of handling unemployment seems to be to check for violations of the many rules that unemployed people must follow, and to cut the payments if they find any. In the scandinavian countries, the equivalent agency seems to be mostly in charge of handing out the unemployment benefits. One country assumes that everyone will cheat unless you check on them constantly, the other assumes that most people are honest and only checks if there's indications otherwise.

      Funny thing is that several studies show that if you treat people with trust and honesty, the vast majority will reciprocate. And likewise if you don't.

      doesn't prove a damn thing about intellectual property law or the state of entertainment businesses in the US,

      No, but until there is a study on the same topic done in the US, this is the only data point you have. Simply discarding it is not any more honest or productive than blindly accepting it.

      --
      Assorted stuff I do sometimes: Lemuria.org
    17. Re:Highly compelling, however... by Em+Adespoton · · Score: 1

      In the US, I think that if people found they were able to get something they wanted for free, they'd be more likely to spend the money they now had available on the next item down their list of what they wanted, as the US market is driven by avarice (there's ALWAYS something else people want... often because the marketers tell them they want it). For example, this year's iGadget, a vacation to some tropical place, more ice cream and potato chips, a home theater system, a new paint job for their car, etc. All the things that they've always wanted to spend money on, but prioritize lower than their entertainment budget.

      In more socialist countries like the Netherlands and Switzerland (and to some degree even the UK, Canada and Australia), people are more likely to spend how they want to spend, and supplement that with what's available for free that fits their lifestyle.

      What works in some countries doesn't work in others.

    18. Re:Highly compelling, however... by almechist · · Score: 1

      I really doubt that the people of Switzerland, Denmark, and the Netherlands are all that much different from the people in the USA in their approach to entertainment. Let's face it, people are people. All of these countries are basically majority-white, Western, capitalist democracies... Whatever elements of socialism exist aren't enough to create any serious cultural divisions, especially when you're talking about behaviors involving the internet. Sure, there might be small differences, but nothing that would have a significant impact on downloading/spending habits.

      Actually, assuming this ruling stands, it could finally serve as a serious real-world test of the hypothesis that downloading costs artists and labels big money. Will CD and legal download sales plummet in Switzerland, compared to countries that don't allow downloading, or will we see something else entirely happen? Up til now, AFAIK, there has never been any good way to actually measure these things directly, but now maybe we can just sit back and see what happens. Will we now see the scary scenarios put forward by the MAFIIAs of the world actually play out in Switzerland? Or, as I believe, and apparently the Swiss Court agrees with me, will the result prove much more benign? It would be nice to finally have this settled one way or the other, although I suspect the debate would just go on, regardless. The big record Labels have a long track record of denying reality.

    19. Re:Highly compelling, however... by Anonymous Coward · · Score: 0

      The point of what the Swiss are saying is that everyone has a budget they spend on entertainment. Even if they pirate they will still spend on entertainment. The SMART companies will work out ways to pull in cash in different ways as piracy closes "old" income streams, the other companies will die. So Netflix gains while DVD sales shrink. Is that bad? NO

      Hence the adapt or die comment.

      It is impossible to argue against the fact the people who gain by exposure are the small bands etc. They would not get the air play for exposure while "piracy", which does not actually cost them anything in "lost goods" or bandwidth, gives them exposure to more people. Most bands for example, apart from the few mega bands, make most money from live shows. The record contracts make sure of that.

      Before the Majors crushed Napster they had a meeting with them. The proposal was all you can eat service for monthly fee. They decided against and instead killed Napster in the courts. Had they gone the other way their world and income stream would have been in a very different space.

      Gabe, the owner of Steam, has said piracy is not an issue if your service is better than the pirates offer. The content industry use of DRM and restrictions means their "service" is always worse than piracy.

      Adapt or die!

      You

  21. Re:Really? by Anonymous Coward · · Score: 0

    So ... there will be no problem when I show up at your workplace headquarters, and photocopy every document and make a copy of every hard drive in your office for personal use then ?

  22. I don't get it by bonch · · Score: 3, Interesting

    I don't get this. Why would someone pay for something they already got for free? Are people really still using the argument that piracy is "free advertising?" The article claims that game pirates play more games and music downloaders visit more concerts, but that doesn't mean piracy is contributing to that--it just means that people who are more into games and music than average are therefore more likely to be obtaining them in as many ways as they can, piracy or otherwise. If there wasn't rampant piracy, how many more games would they be purchasing or albums would they be buying?

    I mean, it's not as if a system works where everyone just works for free without any compensation. It's probably just too difficult and expensive for the Swiss government to try to squash piracy, so it's easier to throw up their hands. Plus, this article is posted on TorrentFreak, so it's not exactly an objective analysis.

    I just don't get the mindset that not only thinks they are entitled to something they didn't pay for but also justifies it as some kind of culture movement, or a strike against the RIAA, or whatever. I've never respected that mindset. The only mindset I respect is the one that admits the basic human desire of getting something for free, because they're at least being honest about what exactly is happening. The lengths some people go to try to establish themselves as freedom fighters, setting up a "Pirate Party" or ranting about the evils of copyright (but don't you dare steal copyrighted GPL code!) signifies a level of denial I can't even begin to imagine suffering under.

    I'm posting an anti-piracy position on Slashdot, so I know I'm opening myself up to a possible modbombing of epic proportions, as this site has become extremely pro-piracy in the last 10 years (getting Linux software for free means everything must be free, apparently), but I felt like I should risk the karma and make whatever points needed to be made.

    1. Re:I don't get it by Anonymous Coward · · Score: 1

      The Swedish Pirate Party does not infact stand for open piracy: they stand for copyright reform and open government.

      Ideas that if you spend five minutes talking with a sane human being, you'll likely agree with.

    2. Re:I don't get it by RightSaidFred99 · · Score: 0

      You don't get it because it's _ridiculous_. I read some stupid shit on Slashdot, but this article is way up there. You needn't have bothered the reasoned reply, as what you're replying to is beneath detailed analysis. It's the little known economic theory of "theft is ok because it all evens out!".

    3. Re:I don't get it by Pentium100 · · Score: 1

      ranting about the evils of copyright (but don't you dare steal copyrighted GPL code!)

      1. Are these the same people?
      2. If copyright didn't exist, even if a company "stole" GPL code, everybody else could "steal" it back.
      3. Most of the "GPL piracy" rants are against companies, who take the code, modify and then sell it, getting profit. If someone took a GPL program, modified it and distributed the result for free (but without the source), it probably wouldn't be such a big problem. The same way that a lot of those who support piracy (file-sharing style) are against commercial pirates (those, who would download the pirated content, burn it to a CD/DVD/BD and sell it for more than the blank disk costs).

    4. Re:I don't get it by grumbel · · Score: 5, Insightful

      I don't get this. Why would someone pay for something they already got for free?

      Added value. Most people are not going to download full BluRay iso from the net, but .avi's that lack extra features, extra languages, resolution, quality, etc. thus buying the movie again after having verified that it's actually worth to have will still give some things they haven't seen yet. This might of course only apply to a lesser degree to other media.

      The article claims that game pirates play more games and music downloaders visit more concerts, but that doesn't mean piracy is contributing to that

      That however doesn't mean that it is not contributing to that. A heavy movie watcher will get their movies through all available channels, some of them might be piracy, because there simply isn't any commercial offering that offers him what piracy does.

      I just don't get the mindset that not only thinks they are entitled to something they didn't pay for

      Well, most people pirate simply because they can, a lot because they don't have the money, some because they like to try before they buy, some because they want to "catch'em all", etc. In essence there are lots of reasons why people might pirate. It's not about entitlement, but simply about availability.

      Also, do you have a clear conscience while forwarding through commercial breaks on a TV recording? As that's pretty much the same thing as piracy, at least morally speaking.

      The lengths some people go to try to establish themselves as freedom fighters, setting up a "Pirate Party" or ranting about the evils of copyright signifies a level of denial I can't even begin to imagine suffering under.

      There is no level of denial. Copyright is not something 'God given" or "law of nature", it's something that was established to benefit society. The problem today is that fighting piracy is causing far more harm then good and has absolutely no benefit to society. It also has lead to a lot of invasion into privacy and other corrupt laws.

      (but don't you dare steal copyrighted GPL code!)

      That's about deriving profits from other peoples work, while not following the license. Very different thing. Your average pirate isn't all that big of a fan of commercial piracy either.

      Irony with that of cause is that current laws drive people into commercial piracy, as services like Rapidshare, Megaupload and whatever provide better privacy protection then Bittorrent.

    5. Re:I don't get it by gweihir · · Score: 2

      People pay for something they can get for free, because they realize that if somebody provides real value to you, it is polite (and in the long term very useful) to provide value back. If you do not get this, then you are displaying characteristics of extreme egoism here, or you are simply unable to see the bigger picture. I would say that in a country where your mind-set is typical for the majority, the copyright industry and the content creators may indeed be doomed. Fortunately your unenlightened viewpoint is not everywhere the viewpoint of a majority.

      And do not forget, that originally most (all?) artists were living off donations. The big plus with consuming content first and then giving something you think it is worth is that good content will be rewarded tremendously and bad content will not. Of course this is something the media industry does not like at all. They want to get paid before the customer can assess the product quality.

      As to "entitlement", there is no natural right to "intellectual property". As it can be copied without taking it away from you, copyright infringement is not theft. As it can be consumed endless times over without destroying it, it is different from material goods. Copyright is an entirely artificial construction, that was introduced historically in Britain, because Artists did starve as big publishers did take their works and distributed them cheaply and commercially, without giving anything to the original creator. (From what I hear, the music industry is almost at this stage again today.) That is right, copyright was introduced to keep the _publishers_ in check! And on this side, making money from commercially distributing something without the permission of the creator is something else entirely than private or non-commercial copyright infringement. With private infringement, every individual can decide to pay something nonetheless. With commercial infringement, the individual consumer has already paid and may not even know that the content creator gets nothing (or often very, very little as with the music industry today).

      So, grow up, take responsibility and look at the historical facts! What the copyright industry is doing today is basically not so different today from what they were doing when copyright was created to keep them in check.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:I don't get it by Anonymous Coward · · Score: 0

      "If there wasn't rampant piracy, how many more games would they be purchasing or albums would they be buying?"

      Maybe if you read the fucking article you wouldn't have to guess.

      In summary "The report states that around a third of Swiss citizens over 15 years old download pirated music, movies and games from the Internet. However, these people don't spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary."

      They actually did surveys and have figures to back that up. But don't let facts get in the way when they go against your preconceptions.

    7. Re:I don't get it by Dogbertius · · Score: 1

      I don't get this. Why would someone pay for something they already got for free?

      Added value. Most people are not going to download full BluRay iso from the net, but .avi's that lack extra features, extra languages, resolution, quality, etc. thus buying the movie again after having verified that it's actually worth to have will still give some things they haven't seen yet. This might of course only apply to a lesser degree to other media.

      Really? The extra stuff added to commercial products is garbage. The last few Disney movies I bought force me to sit through 12 consecutive advertisements for new movies, along with ads for re-mastered copies of 20 year old movies that they are now re-releasing. I have to wait 5-10 seconds for each one to become skippable (ie: I can't just keep mashing the "Next" button on the remote). Then I get to read an FBI warning, yadda yadda, that I cannot skip or fast-forward through. It takes 10 minutes to get the to main menu if I just let it sit unattended. This is exactly why tools like VobBlanker or DVDfab are so popular, you can remove this crap in seconds. I've already paid for my movie, why am I forced to endure countless ads every time I view it?

      What really annoys me though, is that they are advertising for the BluRay copy of something I already own on VHS and DVD. Where is my upgrade option to pay $5 for the new media without having to pay for a new license to a movie I have owned for 20+ years?

    8. Re:I don't get it by Hatta · · Score: 1

      The article claims that game pirates play more games and music downloaders visit more concerts, but that doesn't mean piracy is contributing to that

      No, but it does mean that the piracy isn't hurting it either. Why make criminals out of people who aren't hurting anyone?

      I just don't get the mindset that not only thinks they are entitled to something they didn't pay for but also justifies it as some kind of culture movement, or a strike against the RIAA, or whatever. I've never respected that mindset.

      I've never respected the mindset that thinks they are entitled to payment for the same work over and over and over again.

      The only mindset I respect is the one that admits the basic human desire of getting something for free, because they're at least being honest about what exactly is happening.

      The only mindset I respect is the one that admits the basic human desire of control and rent seeking, because they're at least as honest about what exactly is happening.

      as this site has become extremely pro-piracy in the last 10 years (getting Linux software for free means everything must be free, apparently),

      It's simple laws of economics. Zero marginal cost leads to infinite supply which leads to zero price. The true radicals are those who think they can legislate around the laws of economics.

      --
      Give me Classic Slashdot or give me death!
    9. Re:I don't get it by Surt · · Score: 1

      If you want to win the argument with pirates, you can't call it theft, because (if we're not being ridiculous) it isn't theft. It's reduction of enforcement of monopoly rights granted by the state.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    10. Re:I don't get it by Surt · · Score: 1

      GPL exists precisely to do battle with the evils of copyright. If copyright didn't exist, GPL wouldn't just be unenforceable, it would be unnecessary.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    11. Re:I don't get it by Surt · · Score: 1

      stop stop topmenu.
      (That's how you skip ads on just about 100% of players).

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    12. Re:I don't get it by Anonymous Coward · · Score: 0

      Human nature.
      If you believe I have given you a gift you feel a biological cognitive debt and are more likely to assist me or follow a call to action that I suggest. It is why charities include little address labels in appeals for money, and why there are all the ad campaigns saying "we gave $X to local community organizations". Those ad campaigns boost sales more than saying "if you buy X, we will give $Y to a local community organization", because humans are social creatures rather than rational beings.

    13. Re:I don't get it by misexistentialist · · Score: 1

      Why would someone pay for something that has no inherent value and can't be returned? Sorry, forcing the general population into accepting that losing proposition so that entertainers make billions rather than the millions they would make off their derivative products if copyright didn't exist does not warrant blanket surveillance and censorship at public expense.

    14. Re:I don't get it by Tom · · Score: 1

      Why would someone pay for something they already got for free?

      Almost nobody does. However, money is still being spent on entertainment. Just not the same one. In short: The same people who download illegal copies also buy music and movies and go to the cinema. But they download movie A and go see movie B at the cinema.

      If they couldn't download movie A, they would still go see movie B at the cinema, and not watch movie A (that's the part about the budget for entertainment being largely stable).

      End result:
      With downloads: More people watch more movies. Hollywood: +/- 0
      Without downloads: People watch fewer movies. Hollywood: +/- 0

      Lots of people have known this for many years. Nice to see an actual study confirming it.

      or a strike against the RIAA, or whatever. I've never respected that mindset.

      But it is. Keep in mind that the RIAA does not produce a single piece of music, just like the MPAA has never made or published a single movie. These are industry lobby organisations. That's why they yell so much - it's their business. The movie studios and music labels whine a little, but they still spend most of their time and effort actually creating stuff. Which, among other things, means that it's still profitable to do so.

      The lengths some people go to try to establish themselves as freedom fighters, setting up a "Pirate Party" or ranting about the evils of copyright (but don't you dare steal copyrighted GPL code!) signifies a level of denial I can't even begin to imagine suffering under.

      Neither the pirate party nor the GPL are about making copyright obsolete. On the contrary, the GPL could not exist without copyright. The pirate party simply took a name and ran with it. They are as much about piracy as the democrats are about democracy. It's a label showing a rough direction, that's all.

      --
      Assorted stuff I do sometimes: Lemuria.org
    15. Re:I don't get it by Anonymous Coward · · Score: 0

      Just to echo you...Added value.

      If I want online multiplayer options, I'll pay. If I'm offered non-DRM games at a price I can decide on, I'll pay.

      Added value. You almost can't put a price on it.

    16. Re:I don't get it by Anonymous Coward · · Score: 0

      I pirate 99% of my movies and shows for a reason - I can't get them in any other form. Now that we have Steam I just buy them - I won't buy the 60 euro game, but I'll buy them all when they are on sale.

      I now have even games that I once pirated - Civilization I-IV, Master of Orion, All the UFO games.

      So no, I don't consider my self a pirate. I consider my self a world market leveler. Give me a way to buy it and I will not look for way to get it in other ways.

    17. Re:I don't get it by b4dc0d3r · · Score: 1

      Two ways to look at it. The obvious is replacing payola, where they pay money for radio airplay. But I'll ignore that for now.

      One, I have DVDs on my shelf, unwrapped and unopened. I bought them because I downloaded and watched the movies, and felt I wanted to register my support and get original quality versions. Same with CDs, unopened and unused.

      Two, the entertainment industry owes me money. If I sent a bill for every movie that I watched based on the trailer and didn't like, or album I bought because of two singles where the rest was just filler, I would get a check for more than I have spent for several years in a row.

      Now I ramble a bit.

      I stopped going to movie theaters because I get 15 minutes of commercials (20 minutes one time, I was so used to it I actually timed it, and not from the introductory pre-movie stuff, actual commercials), and a movie that I may or may not like. Include teenagers who sneak in and do nothing but talk, phone lights and beeps while people text, and there is no value add.

      I stopped buying albums unless I hear every minute of every song. I am still quite pissed off that I got an acoustic version of John Mayer's Neon, and when I got Room For Squares it was some electro poppy crap version of it. I actually previewed the album, thought it good enough to buy, and still got screwed. (Lots of people don't like him based on his singles, and opinions vary, but the stuff that wasn't played as singles is really good IMO, I just wish I had the acoustic version, which was the only version I could find).

      I haven't strayed far outside what I already knew for xbox 360 - I bought one last year, and bought the same games my roommate had when it first came out. The few buys I made without fully checking them out, which is kinda hard without modding, I have been disappointed in. Even though I only buy the $20 platnum re-release. As much as I love Fallout 3, there are bugs in that re-release that have been known for *years* before it came out. My third save, all of my stuff in my house at Megaton disappeared, something that's been wrong with the save engine since Oblivion at least. I lost a *lot* of game time having to come up with money when I could have sold a mini-nuke, for example. At $20 for the game, and considering my hourly rate, I could bill them $100 and still be on the generous side.

      My friend bought LA Noir and Portal 2 right around release day, full price. I enjoyed LA Noir, but would have been disappointed had i paid. Portal 2 was the only game other than Bioshock I would have paid full price for.

      I buy stuff to reward people, and I get pissed off that when I take a chance, I can't un-buy it. So yes, it is free advertising for them, at least for one of their potential customers, someone with diposable income. They don't have to use Payola to get their musicians promoted. If they counted downloads towards the American Music Awards, the industry would probably create seed servers just to make sure downloads were available and tracked.

    18. Re:I don't get it by smart_ass · · Score: 1

      re:

      Plus, this article is posted on TorrentFreak, so it's not exactly an objective analysis.

      How does WHERE it is posted have anything to do with how objective it is?
      Was the study comissioned by TorrentFreak?

      They just posted it becuase it backs up what they believe / promote.

      I coudl start a website www.total_bull_shit.com and link all articles I find that I disagree with ... then have shills around the internet suggesting that since an article is on my website it must be total garbage.

      --
      Ouch ... did I just say that.
    19. Re:I don't get it by Anonymous Coward · · Score: 0

      I only take from direct personal experience here. Note: am only posting anonymously because I'm at work... username Kabuthunk otherwise.

      I definitely purchase something if I find it's worth it. I will NEVER purchase anything without having previously seen enough of it to be able to verify if it's worth it. Take for example the TV show Father Ted. I saw it and enjoyed it enough to get all seasons on DVD. Same goes for Invader Zim.

      Music is along the same vein, but instead of 'buy CD', it's 'see live, usually buy shirt or otherwise give directly to band'. I discover a band, and if they come to town I will see them live. My most recent concert was the band Mayhem. I bought a ticket, and bought a shirt. I could have just as easily re-created that shirt by downloading a picture and making it at cafepress or any of the 'make your own shirt' type things that are popping up in malls these days for cheaper than buying it from them. Hell, I could have taken a picture of both the front and back from people wearing it and gotten it to look identical with some effort. This would have been almost trival to do.
      Why spend more?

      Because I want to support the band. I want them to come back. Hell, on top of the ticket and shirt, I bought a pin, and even threw an extra $5 into their 'tips' type box. I will put my money towards what I want to return.

      Need an american-band equivelant? I recently saw Cannibal Corpse live, and indeed bought their shirt.

      But one way or another, I stand by my point that making music is not an infinite money machine. You cannot make a song, then profit off of it for all eternity. Likewise, if I'm not familiar with you already, I will NOT spend a dime on buying your music, unless I can verify that it is worth buying. Thusly, asking me to buy mp3's is a pointless endeavour, since unless I know I like you, I will never spend money on you. Let me listen to your music... allow me to download your mp3's. If I enjoy it, I will see you in concert, and will willingly give money directly to the band.

      THAT is how you make money. You work for it by touring. A carpenter does not get an infininte stream of money from a house he built 20 years ago, a musician does not get an infinite stream of money from a song they put out a decade ago. If you work for me by way of putting on a concert, I will give you money. It's that simple.

    20. Re:I don't get it by bonch · · Score: 1

      I definitely purchase something if I find it's worth it. I will NEVER purchase anything without having previously seen enough of it to be able to verify if it's worth it. Take for example the TV show Father Ted. I saw it and enjoyed it enough to get all seasons on DVD. Same goes for Invader Zim.

      You saw one or two episodes and then bought all the seasons. You didn't pirate all the seasons and then buy them.

      Music is along the same vein, but instead of 'buy CD', it's 'see live, usually buy shirt or otherwise give directly to band'.

      This is a very old and tired argument. People think that they can negate their self-guilt in this way, as if bands make so much money off of friggin' t-shirts.

      But one way or another, I stand by my point that making music is not an infinite money machine. You cannot make a song, then profit off of it for all eternity.

      Nobody anywhere said anything about an "infinite money machine," nor did they say anything about profiting "for all eternity." All that was mentioned was compensation for an album rather than someone pirating it and never paying the artist. How is that an infinite money machine or an eternity of profit? Talk about a wild straw man.

    21. Re:I don't get it by Anonymous Coward · · Score: 0

      There are many wrong things in your post, so I'll take just the first paragraph. Others can dissect it further, if they wish to...

      I don't get this. Why would someone pay for something they already got for free?

      Because it proved to be good and worth buying. It may surprise you, but most so called "pirates" aren't the cheap bastards you think they are. No, really, they are not.

      Are people really still using the argument that piracy is "free advertising?"

      It's not an argument. It's an observable (and observed) fact.

      The article claims that game pirates play more games and music downloaders visit more concerts, but that doesn't mean piracy is contributing to that--it just means that people who are more into games and music than average are therefore more likely to be obtaining them in as many ways as they can, piracy or otherwise.

      That's an assumption on your behalf, which appears to be incorrect. You assume there is no causal effect, because that's what you believe, but in reality there is a causal effect. Many (perhaps even the majority) of pirates play more games and visit more concerts precisely because they have pirated some (or all) of the relevant material beforehand.

      You appear to believe that pirates are thieves, unwilling to pay for entertainment. Several independent studies clearly demonstrate that this belief does not correspond to fact. In realty, pirates tend to be the people who spend the most on said material and activities.

      If there wasn't rampant piracy, how many more games would they be purchasing or albums would they be buying?

      They would be purchasing fewer games and albums.

      It's nice to see people on the government level finally realizing this and acting accordingly.

      The primary parties suffering from all this are certain (not all - this is important) record company executives and their cronies, and I couldn't care less about those particular people. Good riddance.

  23. Re:Really? by Xeno+man · · Score: 5, Insightful

    It's still getting something for nothing, and maybe you spend the same amount in entertainment, but its distributed totally differently. If you spend $100 on some blockbuster concert and then pirate 10 albums from smaller bands, the only one winning is the big act. Rationalize it any way you want, but its stealing either way.

    First of all, no. It's not stealing. Stealing is the incorrect term. Nothing is being taken, information is being copied. If you want want to use a term, the one your looking for is copyright infringement.

    Second, it's not copyright infringement because you can only break the law when the law says something is wrong. The government has come out to say a particular activity is not against the law.

    Third, finally a body recognizes that money is not infinite. If you only have $100.00 to spend and you plan on spending it, there is no more money to be spent. If you choose to spend it all on a concert then so be it. There is no money left to buy any of those albums if you wanted to or not. You valued that concert more than those albums so that's where your money went. If other people value the concert the same way then it will be successful and make tons of money. Not everyone will think the same way. Some will value those albums more than some stupid concert and will buy albums. If they are good they more people will buy them. If they are crap then no one will buy them. If they are great then maybe I'll go to one of their concerts.

  24. Re:Really? by mattventura · · Score: 1

    No, because that was not published information.

  25. Switz media only? and us media from us uploads by Joe_Dragon · · Score: 1, Insightful

    can still get you sued?

  26. Re:Really? by Ethanol-fueled · · Score: 0, Offtopic

    Any man can give a five-star blowjob, but you gotta pay extra for the privilege of looking down.

    Mod parent +5 informative

  27. Re:Really? by Anonymous Coward · · Score: 0

    What if one of your co-workers gives all that info to Wikileaks, and Assange publishes it ... then it's fine and dandy right ?

  28. Re:Really? by rhyder128k · · Score: 2, Insightful

    Why not just go out and buy the content? Just print up money on your computer. You wouldn't be stealing anything or depriving anyone of anything.

    --
    Michael Reed, freelance tech writer.
  29. Re:Really? by Anonymous Coward · · Score: 0

    Will I mind: Nope.

    All the information at many workplaces is complete public knowledge. That does not in any way make it less work to complete, and the data you gleam in the few minutes you'll spend trying to gather information before you bore and leave for something of more interest will surprise you that it's already available to everyone else.

    Face it: Information is meant to be public. The few that think that hiding information will assure them a higher position in life, don't understand that the first time you sell that information: it becomes worth less then before. (as more people can now be the source).

  30. Re:Cisco Inferno by colinrichardday · · Score: 1

    With all the content passing through routers, shouldn't that be Cisco Inferno?

  31. Re:Really? by fsckmnky · · Score: 3, Insightful

    You are permanently depriving them of the time it took to produce the software, and their right to get paid for producing the software.

    Your argument is similar to hiring someone to paint your house, then refusing to pay them after the job is done. You have deprived the painter of his time. When you pirate software, you are depriving the person or people who spent time developing that software of their time.

    If you agreed to work for a company for 6 months, developing software, and when you were done, the company said "Well, sorry, we arent going to pay you that last $10,000 installment, get lost" ... would that be alright with you ?

  32. Re:Really? by scubamage · · Score: 3, Insightful

    Stealing something requires that you deprive the owner of the right to posession. So, I can steal your car, and you are unable to drive. To steal a CD, that would require me to break into the music company's office, steal the master, destroy all copies, and then leave. That's not what I'm doing. I'm simply making an unauthorized copy. It is NOT stealing.

  33. Re:Really? by mattventura · · Score: 4, Interesting

    It would depend on who is helped and hurt by those actions. If my company was doing nothing wrong, then the leaker should be fired and sued. However, if the company was killing people or something, then they did the world a favor.

  34. Re:Really? by Anonymous Coward · · Score: 0

    Find and dandy for Assange not so much for the co-worker.

  35. Re:Really? by cheekyjohnson · · Score: 1

    Wait, what? Even if he objected to that, that doesn't mean that he would say that it was theft.

    --
    Filthy, filthy copyrapists!
  36. Score one for reality by Anonymous Coward · · Score: 3, Informative

    Sony, Apple and all their minions can go to hell. After all in Switzerland there is still open internet radio like this http://glb-stream11.streamserver.ch/1/rsc_de/mp3_128
    Whereas here in backward north america us classical music folks are mostly screwed over by either itunes, silverlight crap, or locked out flash based shit stations. Of course I can always go back to Europe and get real music from great stations like http://lyd.nrk.no/nrk_radio_klassisk_mp3_h or better still, http://amp.cesnet.cz:8000/cro-d-dur.flac
    So what if I record some or the content with vlc so I can listen later...who gives a shit. I do not redistribute or profit from my action.
    Sony, Apple, Microsoft and all the RIAA assholes everywhere can go fuck themselves. What you have done to classical music world wide is inexcusable and I hope you suffer the consequences of your short sighted pop centric view of the listening public and music!

    1. Re:Score one for reality by Anonymous Coward · · Score: 0

      Beethoven's got to get paid son.

  37. Re:Really? by fsckmnky · · Score: 1, Interesting

    Your company just spent $10 billion dollars developing the next great widget that everyone will want to buy. The information copied allowed manufacturers in {cheap labor country Zuliwabee} to duplicate the plans, and produce the product without having invested the R&D money. All the investors are screwed, thats grandma and grandpas pension funds. The company closes down, and the people who produced the next great widget are all penalized for doing so.

    Is this your idea of utopia ?

  38. Re:Really? by Gaygirlie · · Score: 4, Insightful

    You are permanently depriving them of the time it took to produce the software

    The time they spent to produce the software is a constant, it doesn't change according to the amount of people using the software.

    Your argument is similar to hiring someone to paint your house, then refusing to pay them after the job is done. You have deprived the painter of his time. When you pirate software, you are depriving the person or people who spent time developing that software of their time.

    Not really. A software product is already done, the time on it has been spent already whether or not you're using it. But the painter's time isn't used until you hire him to use it. As such your argument doesn't quite fly right. Comparing virtual things to physical things often doesn't work too well.

  39. Re:Really? by cheekyjohnson · · Score: 5, Insightful

    You are permanently depriving them of the time it took to produce the software

    No, you aren't. They already used that time, and of their own volition. The pirate had nothing to do with that.

    and their right to get paid for producing the software.

    How does that work? They still very much have that right. You haven't taken it from them. Someone else can still buy the software.

    Your argument is similar to hiring someone to paint your house, then refusing to pay them after the job is done.

    Except, in that case, you've asked them to paint your house (asked them to do a job), and then not paid them. You've actually hurt (depending on how you define "hurt") them by directly wasting their time. Pirates are not people who ask artists to do jobs and then don't pay them. The artist takes the job of their own volition and the pirate has nothing to do with that (they're just potential customers).

    --
    Filthy, filthy copyrapists!
  40. Re:Really? by fsckmnky · · Score: 1, Informative

    Face it: Information is meant to be public.

    This is a euphamism for "people like to get something for nothing."

  41. Re:Really? by Anonymous Coward · · Score: 1

    So ... there will be no problem when I show up at your workplace headquarters, and photocopy every document and make a copy of every hard drive in your office for personal use then ?

    Copyright infringement is not theft. Using racist language is not theft. Throwing stones through people's windows is not theft. Murder is not theft. Running a red light is not theft. Overcooking vegetables is not theft. Using gotos is not theft. Whether you think that any or all of those things are "a problem" does not depend on whether they are theft. You can think that something is the biggest and worst problem ever, without it being theft. Do you understand?

  42. Re:Really? by king+neckbeard · · Score: 1

    Yes, people do. Unfortunately, many resources are scarce given current technology. If we get to have a Star Trek economy (replicators, warp drives, practically limitless clean energy), than most of the things that are scarce will become plentiful.

    --
    This is my signature. There are many like it, but this one is mine.
  43. Re:Really? by Anonymous Coward · · Score: 2, Interesting

    If you start punish the wrong people (eg. downloaders) your are a very very bad person that tries to make the world even worse.

  44. Re:Really? by fsckmnky · · Score: 1, Interesting

    The time they spent to produce the software is a constant, it doesn't change according to the amount of people using the software.

    The time required to produce the product is a constant indeed. But the expense is amortized by the number of people who will benefit from using the software. Copying and using software without paying for it, is similar to shoplifting, in the sense that, by you not paying for the right to use the product you stole, increases the price that people who do pay for the right to use an item. When you steal a candy bar from Walmart, the loss is spread to the customers who pay for their purchases.

    Not really. A software product is already done, the time on it has been spent already whether or not you're using it.

    This is just an excuse on your part. You are receiving the benefit of someone elses labor, without paying for it. It's the same situation if you screw the painter. You receive the benefit of his labor without paying him for it.

    If a company hired you to work for them, and the company received the benefit of your labor, then refused to pay you for it, you would be outraged. But when you want to receive the benefits of other peoples labor without paying for it, you justify it by saying "It's okay because its really easy for me to copy it and receive benefit without payment."

    By your logic, its okay for me to steal your car because I have a screwdriver and I know how to disable alarms and hotwire it. It only took 30 seconds. It was so easy for me to steal it that you don't deserve a car.

  45. good to hear by Anonymous Coward · · Score: 0

    The Swiss have traditionally been a no bullshit country.
    Good to hear that is still true. :)

  46. Re:Really? by Anonymous Coward · · Score: 0

    If your widget cost $10 billion dollars and a cheap labour country is able to duplicate it, someone is siphoning money off your research funds.
    In that same statement you are assuming that EVERYONE will want to buy.

  47. Re:Really? by cavreader · · Score: 1, Troll

    Copyright infringement may not be theft in a classic criminal court proceeding but it is a violation that can end up in Civil Court. Eliminate copyrights and you remove a great deal of the motivation for authors, musicians, and film makers to create and publish anything of worth. Authors can't focus all their attention on their writing projects if they have to commit time towards making an income from other jobs just to insure they can afford a living quarters, food, computers, and an Internet connection to to distribute their work. Musicians incur the same expenses as well as things like studio time, instruments, sound engineers, and other support personnel needed to produce their work. Entertainment film production can cost millions of dollars for equipment, actors, props, support personnel, CGI, and all of the other things needed to produce a quality film. Software related copyrights are in a "gray area" but those who create the software have invested their time and required an income to support their work.

  48. Re:Really? by Anthony+Mouse · · Score: 1

    Your argument is similar to hiring someone to paint your house, then refusing to pay them after the job is done. You have deprived the painter of his time.

    The difference is that you never promised anyone you would pay for the work.

    You can try to extend that to the social contract, but then the analogy breaks down immediately because in the case of the painter, without your specific, individual promise to pay the work would not be done, but in the case of the author the work will be done whether any specific individual buys a copy or not. More to the point, society in general is upholding the social contract because people are still spending their entire entertainment budgets on entertainment.

    Let's put it this way: Piracy is irrelevant as long as artists are getting paid. And they are.

  49. Re:Really? by Ethanol-fueled · · Score: 2

    In my case, a Wikileaks publishing would help a lot of people who buy my company's technology, and it would especially help the people who touch that technology.

    By the way, my company uses Websense, and blocks any URL with the string "wikileaks" in it. So yeah, If I'm named personally, so be it. If a Blackwater guy gets named, so be it. Unlike the stateside folks, Blackwater/Xe employees are being paid $300,000 a year to have bullets fired at them.

  50. Re:Really? by Gaygirlie · · Score: 2, Insightful

    The time required to produce the product is a constant indeed. But the expense is amortized by the number of people who will benefit from using the software. Copying and using software without paying for it, is similar to shoplifting, in the sense that, by you not paying for the right to use the product you stole, increases the price that people who do pay for the right to use an item. When you steal a candy bar from Walmart, the loss is spread to the customers who pay for their purchases.

    It doesn't work like that, you're just grasping for strawman arguments here. A candy bar is a physical object, it cannot just be copied. There is always a loss of material that is spent on manufacturing it, whereas there is no material loss at all when you copy a digital object. So of course the cost of the materials used to manufacture something is either absorbed by the budget assigned to it, or spread to the rest of objects being sold. But as there is no loss of materials and thus no costs of producing a digital object there is also no losses to be spread over.

    This is just an excuse on your part. You are receiving the benefit of someone elses labor, without paying for it. It's the same situation if you screw the painter. You receive the benefit of his labor without paying him for it.

    No, it's not an excuse. If you literally hire someone to use their time on you, then you are indeed depriving them of their time. But if that person uses their time with or without you involved then you cannot deprive them of their time since they're depriving it all by themselves.

    If a company hired you to work for them, and the company received the benefit of your labor, then refused to pay you for it, you would be outraged. But when you want to receive the benefits of other peoples labor without paying for it, you justify it by saying "It's okay because its really easy for me to copy it and receive benefit without payment."

    See above.

    By your logic, its okay for me to steal your car because I have a screwdriver and I know how to disable alarms and hotwire it. It only took 30 seconds. It was so easy for me to steal it that you don't deserve a car.

    No, you're depriving me of a physical object that I don't have accessible to me afterwards. If you however e.g. copy an ebook I have written I will still have the ebook in my possession, too.

  51. Re:Really? by blahplusplus · · Score: 0

    "Okay, seriously: no, it is not. Copyright infringement is not theft."

    The human mind does not work according to enlightenment reason. The monkey business of the mamallian brains of the braindead half of humanity will continue see here:

    http://bit.ly/dYaWUc

  52. Re:Really? by king+neckbeard · · Score: 5, Insightful

    You are using some fuzzy economics there. The economic impact of not buying and illegally downloading are identical, so it's just as much theft as not getting it at all.

    The economics of theft and copyright infringement are completely different. If your argument has any merit at all, it can stand on it's own instead of free riding on the economic arguments of theft. People who call copyright infringement theft are either idiots or relying upon an appeal to emotion.

    --
    This is my signature. There are many like it, but this one is mine.
  53. US should invade them by Anonymous Coward · · Score: 0

    the US should invade these fuckers and put some fear of god, taxes, republicans and RIAA in their souls.

    also, the democracy thing. yeah. more wars.

    anybody invent a car that runs on moose yet ? bet they're holding out.

  54. Re:Really? by Cyberax · · Score: 5, Insightful

    So you're building yet another strawman, right?

    Industrial espionage is not a copyright violation, in fact you can commit espionage WITHOUT copyright violations. For example, if I steal a document from your company's safe and then use it to learn your $PROPRIETARY_DESIGNS then I won't be violating copyright as no new copies of your document would be made.

    Besides, your scenario does not happen in the real life because either:
    1) New widgets with $BILLIONS spent on R&D require complex supply chains and development setup.
    2) Replicating widgets on which $BILLIONS were spent is not easy.
    3) Replicating other company's widgets is self-defeating. You won't have in-house expertise to build newer and more advanced versions.

  55. Anyone else simply stop watching movies/tv? by GoodNewsJimDotCom · · Score: 3, Insightful

    Because of all the harassment of the RIAA and MPAA, I won't go watch things in theaters anymore or buy music. I'm not pirating either. I simply stopped consuming because I feel rights holders are causing problems in society such as suing grandmothers for millions and lobbying congress for laws that impact the freedom of speech. I know I'm in the minority and they'll make money from others, but if we vote with our dollars, I'm done voting RIAA and MPAA.

    1. Re:Anyone else simply stop watching movies/tv? by Anonymous Coward · · Score: 1

      Plenty of good, free (as in freedom) community music from the likes of sites like Jamendo.

    2. Re:Anyone else simply stop watching movies/tv? by kixome · · Score: 0

      At least one here i can fully agree with. I think i will boycott as well. Oh darn my copy of The Babysitter is 98%done crap. Maybe after I download the next resident evil. Yep after that I will boycott (Piracott) along with you. Occupy the world!

    3. Re:Anyone else simply stop watching movies/tv? by Anonymous Coward · · Score: 0

      Dito, stopped my consumption years ago... still do a bit.. but nothing serious. I mean, how could anyone afford it anyways.

    4. Re:Anyone else simply stop watching movies/tv? by tepples · · Score: 1

      So when do we get the free (as in freedom) community feature films? Or the free (as in freedom) community video games that aren't the sort of single-screen puzzle games bundled with GNOME and aren't NetHack?

  56. Re:Really? by AcidPenguin9873 · · Score: 0

    and their right to get paid for producing the software.

    How does that work? They still very much have that right. You haven't taken it from them. Someone else can still buy the software.

    If you obtained the software from someone other than the copyright holder (who presumably would have charged you for it), whomever you obtained it from deprived the copyright holder of their exclusive distribution right. It's not depriving the copyright holder of a "right to get paid" per se, but it's only one step away from that.

  57. Re:Really? by Zerth · · Score: 1

    Just print up money on your computer.

    Because the government hates it you steal their gig.

  58. Re:Really? by Lemmy+Caution · · Score: 4, Insightful

    Officially, the Swiss government has decided that they have no more right to get paid for each copy of that software than I have to get paid for your reading my post. Finally, the legal understanding has caught up with material reality: you can no longer treat strings of numbers (which is what a digital file is) as "things" in the physical sense. Technology briefly created a period where you could treat music as a "thing," technology has ended that period.

  59. Re:Really? by Anonymous Coward · · Score: 0

    s/it you/it when you

  60. Re:Really? by AdamWill · · Score: 5, Insightful

    The person to whom you're responding did not say "piracy is right" or "there is absolutely no situation in which copyright infringement can cause anyone any kind of problem". He said that it is not the same thing as theft.

  61. Re:Really? by fsckmnky · · Score: 1, Interesting

    No, you're depriving me of a physical object that I don't have accessible to me afterwards. If you however e.g. copy an ebook I have written I will still have the ebook in my possession, too.

    If Software/Music/Movie ABCD v2.0 costs $10 to create, and 10 people pay $1 for it to receive the benefit of it, everything is great, the world is utopia.

    When NancyBoy the pirate enters the picture, and receives the benefit of ABCD without paying for it, he just stole $1, collectively, from the 10 people who paid to receive benefit. If NancyBoy the pirate had paid, the cost to the 11 benefit receivers would be $10/11 or approx $0.91. NancyBoy the pirate has stolen money, and permanently deprived 10 people of property.

    The physical object argument does not matter, and here is why. A car started out as dirt in the ground. Someone had to mine the dirt, extract the iron, make steel, form it into a car, etc. When you buy a car, you are paying for the labor and time of people who molded dirt into a car. The same is true of software, movies, and music. You are paying for the labor and time of people who organized information and molded it into a product.

  62. Re:Really? by kixome · · Score: 1

    So in the short of things, they might just see how the other side lives right? Having to put forth talent while holding down other jobs, taking care of kids, and so forth? This is the way countless others have made it in this life so why not the ones who have had their fill?

  63. Re:Really? by Anonymous Coward · · Score: 0

    If you obtained the software from someone other than the copyright holder (who presumably would have charged you for it), whomever you obtained it from deprived the copyright holder of their exclusive distribution right.

    You're completely wrong. Their exclusive distribution right has been infringed upon but it still is their right. That's the whole basis on which they can sue.

  64. Re:Really? by fsckmnky · · Score: 1

    I should add, that criminals, always have a justification for their actions. It doesn't make their actions any more or less damaging, it just allows them to continue their criminal activity and satisfy their own internal moral conflict.

  65. Re:Really? by fsckmnky · · Score: 1

    Software is not just a "string of numbers" as proponents of copyright infringement claim. Software is in fact, stored knowledge, in a specific unique form. Knowledge that required time and effort to gather, assemble, and mold into a product. No different than gathering raw materials to produce a physical tool.

    You are using the ease of which a transgression against a productive person can be made, as a justification for transgressing. "The software is really easy to copy, therefore, the people who created it have no right to payment." By this logic, a human life is remarkably easy to extinguish by any number of technological means, therefore, anyone who's life you decide to deprive them of doesn't deserve protection and you don't deserve punishment for having taken it.

  66. Re:Really? by Belial6 · · Score: 1

    Which is why when you point out that there is not a single person on the planet that has not used information created by other people without their express permission, right down to the words they use to make their justifications, they will tell you that THEIR use of other peoples intellectual creations don't count as theft. Only yours does.

  67. Re:Really? by Dan541 · · Score: 0

    Not surprised you post as 'Anonymous Coward' your stupidity is certainly something to be ashamed of.

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  68. Re:Really? by Anonymous Coward · · Score: 1

    Not GP, but yes, copyright infringement is not theft. It's debatable whether it's "piracy" or not; I've never known a file sharer to say "shiver me timbers". Yes, the MAFIAA are a bunch of douche bags who represent the middle men, not the original artists. Yes, intellectual property laws have, in recent times, gone bat fucking insane. All that being said...

    Enjoying the creations of others without, in any way, supporting the people who produced said creations is still not right.

    OK, I said my peace. Go ahead and flame this post and mod it into oblivion now.

  69. Re:Really? by X86Daddy · · Score: 5, Insightful

    A software developer is spending time, of her own volition, on the speculation that the time spent will be rewarded with purchases. This expectation driving her speculation comes from a very old social contract: copyright. An "agreement" between information producers and information users, brokered by governments, copyright offered content producers a limited period of exclusive copying so that they might profit from their work (not to guarantee it... quality and market would still matter), and to encourage content producers to make that speculation to promote "the useful arts and sciences" in our society. In exchange, the work would enter the public domain at the end of that limited period, benefiting all.

    The social contract has been violated. Industrial alliances of gigantic corporate content copyright aggregators purchased laws from various governments, firstly, to extend the limited term, further and further, retroactively, until the point that to most living humans, the period of copyright is "permanent." Secondly, with the rise of better and better digital technologies, and the increased ease and lowered expense of information copying and distribution, the industrial alliances invented DRM to directly violate and damage the easily copied nature of information. The same alliances then purchased legislation against thwarting DRM, etc... Information restricted by DRM is information that cannot enter the public domain and become freely copyable, unless some non-DRM copy was stored in escrow or some such arrangement. Those who have violated the copyright social convention haven't even considered such an action, as their intention with regards to eroding the concept of "limited term" has become their way of life: hence the invention of the term "Intellectual Property."

    The agreement a homeowner makes with a painter to paint the house is direct, simple, and real. House painters never purchased laws stating that they could, once hired at an hourly rate, paint half of the remaining job, each day, in perpetuity, and be paid for it. The "agreement" involved in the concept of copyright has been broken for a long time, by the content industries, and most people on the other end of that brokered-before-they-were-born "agreement" no longer support it and many rightly no longer honor it. Intelligent information producers have already started looking at other revenue models and incorporate the above facts in their speculative calculations before spending time on a work. So who gets "deprived" of something to which they have a "right?" The people are deprived of the public domain works they were due prior to every retroactive limit extension.

  70. Re:Really? by Lemmy+Caution · · Score: 1

    That is the worst metaphor I have ever heard. I think I've been trolled. Well played.

  71. Re:Really? by Anonymous Coward · · Score: 4, Insightful

    Authors can't focus all their attention on their writing projects if they have to commit time towards making an income from other jobs just to insure they can afford a living quarters, food, computers, and an Internet connection to to distribute their work. Musicians incur the same expenses as well as things like studio time, instruments, sound engineers, and other support personnel needed to produce their work.

    Boo fucking hoo. The people that love to do that shit will do it no matter what, you can't keep them from it. And the people that do it because they are makin a buck, typically speaking are not really the ones anyone wants to hear from anyways so... yeah... waaa....

  72. Re:Really? by Anonymous Coward · · Score: 0

    Besides, your scenario does not happen in the real life because ...

    Really? Have you ever heard of a place called China?
    You're just another slashtard who wants something for nothing.

  73. Re:Makes you wonder why this doesn't happen in the by Dan541 · · Score: 1

    Have you see the amount of money they make via litigation?

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  74. Re:Really? by fsckmnky · · Score: 1

    So, if I understand your logic correctly, you deprived me of the ability to build a house, the moment you purchased the exclusive right to use the land on which your house sits. Given that this exclusive right has been extended to you in perpetuity, so long as you continue to pay taxes on your land, I am being continually denied my right to build a house on your land, which used to be in the public domain. Given this situation, the proper course of action I should take, is to build my house on your land anyway, because I want it, and it used to be public land, and refuse to recognize your exclusive use rights ?

  75. Really? by symbolset · · Score: 1

    I'm curious about when wikileaks has published such information. Can you provide a citation?

    --
    Help stamp out iliturcy.
  76. Re:Really? by Anonymous Coward · · Score: 0

    Are you implying that it's alright to put overseas security contractors at greater risk when it increases your company's sales? Is it OK to do the same with the military since they are volunteers?

  77. Re:Really? by fsckmnky · · Score: 1

    It is a natural reaction for people to demonize that which they do not understand. It is also the nature of genius to be misunderstood.

  78. Re:Really? by symbolset · · Score: 2

    I'm assuming you haven't heard about https://slashdot.org

    It's a cool site where we talk about what idiots our employers are for deploying WebSense.

    --
    Help stamp out iliturcy.
  79. Re:Really? by CustooFintel · · Score: 1

    I searched about a dozen dictionaries and none listed "...with the intention of permanently depriving them of that property." for "stealing". It was mostly variations on taking someone else's property "unlawfully", "wrongfully", or "with the intention of keeping it." I don't want to get into the philosophy of what it means to "take" something, but I think it's safe to say that if the government says it's unlawful to, say, copy a song, then it is by definition stealing, and if they say it's not unlawful, then it is by definition not stealing.

  80. Downloading, not uploading by Anonymous Coward · · Score: 2, Informative

    As far as I know, this only applies to _downloading_; their view is that when an infringing copy is performed (and it works the same for counterfeit goods) the producer is to blame, not the consumer. Uploading, on the other hand, is still reprehensible.

    So, Usenet or Rapidshare: safe. P2P, you are still screwed.

  81. Re:Really? by istartedi · · Score: 2

    When you hire a painter, there's a contract. Copyright holders had a contract with ALL OF US. When one of us violates that contract it is indeed very much like not paying the painter.

    Now notice that I used had. The past tense. That's because up until the late 90s I was fimly on the side of the content creators. Then Eldrid vs. Ashcroft and a number of other things convinced me that the contract was defective. It's part of the larger problem of corporate usurpation of our government in the US. Thus, the contract is abrogated on both sides.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  82. Re:Really? by Anonymous Coward · · Score: 1

    What is the value of something that can be replicated perfectly, forever. For near zero cost...

    Logic says... Near zero.

    Anything else is just pure greed.

    Just admit you're all a bunch of greedy fucks. And we'll admit we're 'stealing'. At least one of us will be honest.

  83. Money motivates mongers by Chexsum · · Score: 3, Insightful

    Real artists want everyone to enjoy their performance regardless of monetary reward. Real artists are also pirates that have chosen to spend their money wisely. Real artists are not complaining about supposed theft of digital copies because the poor artist is well-known. Burn, Hollywood, Burn!

    --
    Pixels keep you awake!
    1. Re:Money motivates mongers by Anonymous Coward · · Score: 0

      Real artists want everyone to enjoy their performance regardless of monetary reward. Real artists are also pirates that have chosen to spend their money wisely. Real artists are not complaining about supposed theft of digital copies because the poor artist is well-known. Burn, Hollywood, Burn!

      You misspelled "starving".

    2. Re:Money motivates mongers by LordWabbit2 · · Score: 1

      Unless the real artist is Metallica that is.

      --
      There are three kinds of falsehood: the first is a 'fib,' the second is a downright lie, and the third is statistics.
    3. Re:Money motivates mongers by Surt · · Score: 1

      He said real artists. What does that have to do with Metallica?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  84. Re:Really? by symbolset · · Score: 1

    No, it's a transliteration / misquote of "Information wants to be free."

    This introduces a grand philosophical conflict as yet unresolved. I'm going to call it a troll, but a good one.

    /BTW: its spelt "youfamism."

    --
    Help stamp out iliturcy.
  85. Re:Really? by Anonymous Coward · · Score: 0

    Really, do you not realize that corporations pay china to manufacture their products for them.

  86. Re:Really? by RobbieThe1st · · Score: 1

    Of course, you ight end up with other business models, including croud-sourced 'pre-paid' works and ad-supported works.
    You don't /need/ copyright to have creative works, it just /can/ make things easier.

  87. Re:Really? by fsckmnky · · Score: 1, Insightful

    What is the value of something that can be replicated perfectly, forever. For near zero cost... Logic says... Near zero.

    If it's of no value, then why is there a debate over the subject ?
    If it is of no value, then why do producers want protection from pirates ?
    If it is of no value, then why do pirates want to copy it ?

    As for the greed comment, this shows your lack of understanding. People work to make a profit, not because they are greedy ( although of course *some* people are in fact greedy ) but because of property taxes. In order to nest and reproduce ( ie build a house and raise a family ) a human being requires land. In order to use land, one must pay taxes on said land, annually. Taxes payable in currency, which is kept artificially scarce in order to promote production. This is why everyone has an "occupation." We literally spend our time, occupied, with an activity which benefits society, in order that society will allow us the use of land to nest and reproduce.

    Welcome to natural selection as it applies to hairless social apes.

  88. Re:Really? by cheekyjohnson · · Score: 2

    When you hire a painter, there's a contract. Copyright holders had a contract with ALL OF US. When one of us violates that contract it is indeed very much like not paying the painter.

    The thing that I think is wrong with this analogy is that in one situation, someone is being asked by a party to complete a job and then not getting paid, and then in the other situation, no such thing is happening. They start the job and complete it without any interaction with the pirate.

    All of us? Irrelevant. The pirate didn't give them any job.

    --
    Filthy, filthy copyrapists!
  89. Re:Really? by symbolset · · Score: 5, Insightful

    Back when copyright expired in a reasonable period of time this might have been a reasonable argument - even though the fraction of benefit that fell on actual artists was less than one percent. Now it's not even that, and copyright is forever.

    The social contract of copyright is to grant the artist a monopoly !for a limited and reasonable time! to encourage the art by making it more profitable. But art is art, and culture is the sum of our art. All art must enter the public domain if we are to advance as a culture. Art is what defines our culture. So the monopoly should be limited and brief, not endless and without scope.

    So now some people break the law when they'd rather not. It's the law, not them, that's wrong. By assimilating illicitly this forbidden art they are advancing culture, which is a higher calling.

    --
    Help stamp out iliturcy.
  90. Re:Really? by cheekyjohnson · · Score: 0

    So it's infringing upon an idea that they have in their head (that they should be the only ones allowed to distribute the product)? Now, it may be a law, but that's still what is seemingly happening.

    Even if they did lose that right (which they didn't, since no one else has the right in the first place), I still wouldn't call it theft. I wouldn't call the inability to believe something because of the actions of another individual "theft."

    --
    Filthy, filthy copyrapists!
  91. Re:Really? by X86Daddy · · Score: 4, Insightful

    Interesting concept... again, a brokered "deal" where a sitting government officer of some sort removes land from the public domain and sells it to a private entity... but "the people" are compensated with the cash exchanged for that land. Most government brokered "deals" are far shadier than that, but let's imagine that the money went into some other public domain investment. So there was an equitable trade: the people lost the public use of that land parcel and got a new bridge somewhere instead, for example. And the deal is done at that time. This is an actual exchange, honored by both parties... it's respectable. It's not at all like what has happened to copyright.

    And of course, we're talking land, physical space, subject to scarcity, which is the opposite of information, infinitely copyable. Oddly enough, exclusive use rights of land are quite often overturned in the interest of the public... not just eminent domain either. There's various "squatters rights" laws that allow for a parcel to change ownership if it has been occupied by a new entity for enough years without being noticed and evicted by the previous owner. To continue making analogies and pursue your question, shouldn't every work that falls out of publication for some set duration enter the public domain for preservation of our culture? The law recognizes that land parcels shouldn't just sit, deteriorating, used by no one, due to a forgotten ownership claim, etc... So even with the widely disputed "information is property" concept in play, there's plenty of precedent for the public good to be considered.

  92. Re:Really? by Xeranar · · Score: 5, Insightful

    . . .That's called industrial espionage and it is in fact a serious crime. In most western countries it's enough to get you a very long prison term. The apples to oranges argument is really obnoxious. Nobody is saying it's OK to tromp around stealing information from your corporation. The Swiss have agreed that media (music, pictures, movies, etc) are legal to obtain through torrent and P2P sites along with other traditional routes that are called "piracy" because ultimately Swiss citizens still pay a vast amount into these industries.

    Also, it's far more realistic for people to be pirating mega-hits than little known bands. Plus if anything has been shown over the last two decades is that smaller bands make more of their money touring than cutting albums. Cutting albums are for elite acts that can sell 10 million copies. Then their tours are really a promotional arm to their album sales.

  93. Re:Really? by Anonymous Coward · · Score: 0

    If you could replicate the land without denying the owner from using the land as he sees fit, then yes, absolutely.

  94. Re:Really? by fsckmnky · · Score: 1

    I am aware of the origins of the term.

    However, claiming that an abstract concept like information has a human desire, is alot like claiming love wants the frog by the creek to have sex with my cat.

    http://en.wikipedia.org/wiki/Wishful_thinking
    http://en.wikipedia.org/wiki/Psychological_projection

  95. Re:Really? by Anonymous Coward · · Score: 0

    It doesn't matter whether you call it theft or not, that's irrelevant.

    It is stealing the benefit of someone else's work. The cost to produce your particular copy might be zero, but the cost to produce the first copy is not. You do not have a right to derive benefit from that work without paying the cost.

    At the same time I do understand why people feel morally justified to steal software / digital media. There is no excuse for some of the prices and perpetual copyrights. The system is broken. Just admit that it's stealing and you're morally OK with that for whatever reason. I am sick of hearing that copyright infringement is not theft. It is essentially theft of service. Would you consider it stealing to bail on a hotel bill because they have vacancy and you clean up after yourself? You did not cost them anything and you did not prevent anyone else from using the room. What about sneaking into a movie theater that's not full? The fact is you are deriving benefit while providing nothing in return and you are not entitled to do so. Whether it's morally wrong or not is another issue altogether.

  96. Re:Really? by cheekyjohnson · · Score: 1

    I should add, that criminals, always have a justification for their actions.

    So do people who don't believe that they're "criminals." I see the words "justification" quite a bit, as if it is a bad thing. But why are justifications necessary (they really aren't)? Perhaps people are just looking for a debate. Perhaps they want to convince other people to believe as they do. It doesn't mean that they believe what they're doing is 'wrong' or 'damaging'.

    And keep in mind that copyright infringement isn't illegal everywhere.

    --
    Filthy, filthy copyrapists!
  97. Ignoring the rights discourages who? by Xeranar · · Score: 5, Insightful

    This has NEVER been true. This same argument has been applied to taxing those who make millions, that somehow this sort of regulation (or deregulation in this case) will discourage the creation and perpetuation due to lost revenue. Theoretically huge budget movies could be affected by long-term piracy but that's about the only area that could discourage investment due to lost revenue. To cut an album and then go tour is miniscule for an independent band, to make a funny movie or even a classic without it being an epic retelling of a Greek war or Lord of the Rings costs far less than what people think. Ideally this will shift media back towards a pay-for-play ideal where production costs will step back in line with profitability. For decades with the VCR movies have been able to recoup all losses in the box office by simply waiting it out. Music has a similar low overhead except for the mega-hits who spend ten times as much promoting it as they do recording it. The money in music though is in concerts and selling out smaller venues makes more sense than trying to fill a 30K arena every other night.

    So your argument really has leg to stand on. You're playing into a false dichotomy in an effort to come across as the sensible middle. It doesn't work since the sensible argument is to do nothing about this sort of piracy and reinvent how you do business.

    1. Re:Ignoring the rights discourages who? by Anonymous Coward · · Score: 0

      Like Frank Zappa said... It's all aboutthe blowjob.

  98. Re:Really? by BeefMcHuge · · Score: 2, Insightful

    If NancyBoy the pirate had paid

    You must not be able to comprehend what TFA said. People still spend AS MUCH AS THEY CAN on entertainment. So the pirate could not pay NancyBoy the artist even if he wanted to. What the pirate did get was enjoyment from his NancyBoy 's product and NancyBoy the artist got some PR (maybe the pirate told all his friends to buy the album). Maybe in the future the pirate will consider buying NancyBoy the artists album because he really liked the last one, or maybe if the album goes on sale and the pirate can afford it he will buy it.

    You seem to assume that every download is a lost sale and as its been shown over and over and over and over and over its not. I know for a fact that while I was a poor student that could not afford every game I wanted (I was still buying at least 2x more games then most people at the time) the good games i pirated I told friends that were not planning on buying that game that it was awesome and they should buy it (and they did so they got at least a few more sales then if I had not pirated the game). I buy a lot of old games on the steam sale even though I pirated them along time ago and don't want to replay them, I feel I owe the developers something and now I can afford to pay them so I do. While that is somewhat a rationalization because i'm sure that's not always the case, there is no way to equate digital content to physical objects. Software/Music/Films in the digital world are all fixed cost (bandwidth costs are almost nonexistent) which you would think means the price would go down? That's not the case because publishers are greedy as hell. I would buy so many more games if they cost say 30 instead of 60 and i'm sure alot more people would as well.

    From a straight utilitarianism argument, as the study showed people still spend just as much on entertainment which means they have no extra money to spend. This means that publishers/artists are not going to get any less money from people pirating digital content. What it does mean is people are getting more happiness from the same income. So before we had 200$ = x happiness and now we have 200$ = 5x happiness. Its hard to argue that thats a bad thing when people are still spending all they can on entertainment.

  99. Re:Really? by cheekyjohnson · · Score: 1

    the world is utopia.

    It sounds like money is still necessary. I wouldn't call that a "utopia."

    and permanently deprived 10 people of property.

    What did they own that they no longer have access to?

    When you buy a car, you are paying for the labor and time of people who molded dirt into a car.

    That's completely irrelevant. When you steal a car, someone loses something (the car). When you download something, no one loses anything that I am aware of. Not time, money, or anything else, from what I see. Well, the artists might lose hypothetical profit, but I certainly wouldn't call that theft.

    When someone walks past me on the sidewalk and doesn't give me all of their possessions, I don't call that theft. Sure, it's not a law that they have to, but that is irrelevant to my point. It's a loss of potential gain. I could have had all of their possessions of they would have given them to me. Yet, I wouldn't call that theft. I've lost nothing beyond the ability to believe that they would give me all of their possessions.

    --
    Filthy, filthy copyrapists!
  100. Re:Really? by Anonymous Coward · · Score: 0, Interesting

    If looking down is your thing, you pay for that. If looking up is your thing, you pay for that too. Or in either case you can find a (set of) complimentary partners with appropriate needs.

    The money isn't about the sex. It's about avoiding the dance and the drama that goes with finding and keeping complimentary partners. In hetero terms you don't pay the whore to have sex with you: you pay her to go away after.

  101. Re:Really? by fsckmnky · · Score: 1

    To continue making analogies and pursue your question, shouldn't every work that falls out of publication for some set duration enter the public domain for preservation of our culture?

    Absolutely. I do not at all think that copyrights should be extended for indefinite periods of time. This is the opposite extreme of allowing everyone to copy anything they desire, simply because they can.

    There must be balance, as other people have pointed out.

    If a society fails to protect the production of products, said society will not have nearly as many innovation useful products, products that the society relies on to exist in its current size and state. At the same time, if society fails to protect consumers of said products, then waste / abuse / corruption / fraud etc would be allowed to flourish.

    I am not at all for indefinite copyright assignments, nor am I for severely punishing people who violate copyrights. There has to be a balance that benefits everyone, equally, and protects everyone, equally. Where that balance point is I do not know.

  102. Re:Really? by cheekyjohnson · · Score: 1

    but the cost to produce the first copy is not.

    Not the pirate's fault.

    You do not have a right to derive benefit from that work without paying the cost.

    A pirate might reply to this with: "That's the law right now. But I would like to have it and will do everything in my power to get it." Or something such as that.

    Also, not everywhere is copyright infringement illegal (or at least criminal).

    Would you consider it stealing to bail on a hotel bill because they have vacancy and you clean up after yourself? You did not cost them anything and you did not prevent anyone else from using the room. What about sneaking into a movie theater that's not full? The fact is you are deriving benefit while providing nothing in return and you are not entitled to do so.

    I wouldn't consider any of those things stealing in the situations that you described.

    --
    Filthy, filthy copyrapists!
  103. Re:Really? by cavreader · · Score: 1

    People have all different kinds of talent. For those artists that a mediocre it never becomes more than a hobby. But your right fuck art. Waste of time and energy. And if you decide to have kids you better figure out how to support them before you have them and cut your whining bullshit. Unless of course you don't know where babies come from in the first place. I contribute over $3000 a year in county taxes for education even though I do not have any kids.

  104. Re:Really? by BeefMcHuge · · Score: 0

    "The software is really easy to copy, therefore, the people who created it have no right to payment."

    You have no idea what your talking about. No one is arguing that all software should be copied and never paid for. What the Swiss government said (and they have the data to back it up) is that people spend the same amount regardless if the pirate or not. Which means there is no more money to go around and developers/artists are not going to get any more money then they already are. Money is limited so if people are getting more for the same amount of money that is always a good thing. What you are arguing is that there should be some limit on happiness just because "you did not pay you so cant have" even though there is no physical limit on the products and that is some stupid shit to argue.

  105. Re:Really? by Daniel+Dvorkin · · Score: 1

    Whee, what a fun game this debating stuff is!

    Quoting an altered version of someone's words back at them is not debate, and anyone who says it is ... oh, hell, you know the rest.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  106. Re:Really? by symbolset · · Score: 1

    That's a different issue best addressed in some thread where there are folks who care about this particular metaphysical concept. I might suggest that the posters on this thread might lead you to the resolution you crave.

    --
    Help stamp out iliturcy.
  107. Re:Really? by heinousjay · · Score: 0

    The ends justify the means?

    Well how could that possibly go wrong? Let's do it!

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  108. Re:Really? by BeefMcHuge · · Score: 0

    No because land is a limited resource. Copying bits is not, it is unlimited. The old way of doing things was to make an item and price it at what it cost to make + a small profit. Why is software not the same? Once the fixed cost of development is reached why not reduce the price to just enough to cover bandwidth cost and make a decent living?

  109. And their women are gorgeous too... by Anonymous Coward · · Score: 0

    What's not to like about Switzerland?

  110. Re:Really? by BeefMcHuge · · Score: 0

    It is a natural reaction for people to demonize that which they do not understand. It is also the nature of genius to be misunderstood.

    That is the funniest thing I have read all day. You must not be smart enough to realize why so let me explain. Your way of thinking is the old way, your ilk is demonizing what it does not understand. Our genius is being misunderstood because we know all about the old system and it does not work anymore. This will not be an argument for much longer. In the next 10-20 years things will be a lot different then they are now. It seems industry are always their loudest right before they crash and burn and if the RIAA and MPAA are any clue the entire industry is going to learn a new way of doing things soon or they will not survive.

  111. Re:Downloading, not uploading: Yes, but... by Matt_H · · Score: 5, Informative

    I'm a Swiss citizen and I can confirm that while downloading is legal, uploading is technically illegal. On the other hand, mass-discovery methods to detect uploaders ARE illegal here as well, and there are no political intentions to criminalize copyright laws. Switzerland is a direct democracy, meaning that any new law that is passed may be challenged by the people by collecting at least 100K signatures (that's about 1.5% of the population) against it.

    About two years ago, one of the three judges of our Supreme Court made it clear in an interview that he was personally against going after people for "personal copyright infringement", stating that when the majority of the people is found to be infringing some law, that law was likely to be biased against the general interest.

  112. Come again? by westlake · · Score: 1

    Not only will downloading for personal use stay completely legal, but the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products."

    What sort of entertainment products?

    Entertainment products produced by who and where?

    When your backers commit a substantial amount of money to a production, they expect to see a direct and measurable return --- or they take their busines elsewhere.

    1. Re:Come again? by toriver · · Score: 1

      "Expect" is not "entitled to". If Lady Gaga makes an album and I instead buy an album from Bullets for my Valentine, neither I nor the other band owe anything to Lady Gaga. So by all means take your business elsewhere - that is the consequence of failed business models in any other trade as well.

    2. Re:Come again? by Em+Adespoton · · Score: 1

      Most likely, if the Swiss can get all global content for free, they'll be more likely to spend their money saved on entertainment product produced domestically, such as local concerts and other venues. This way, the local entertainment economy is significantly boosted by legal downloading. Some spillover will even go back into the global entertainment market. See my other comments for why this model likely wouldn't work in the US.

  113. Re:Really? by fsckmnky · · Score: 0

    You must not be able to comprehend what TFA said. People still spend AS MUCH AS THEY CAN on entertainment. So the pirate could not pay NancyBoy the artist even if he wanted to. What the pirate did get was enjoyment from his NancyBoy 's product and NancyBoy the artist got some PR (maybe the pirate told all his friends to buy the album). Maybe in the future the pirate will consider buying NancyBoy the artists album because he really liked the last one, or maybe if the album goes on sale and the pirate can afford it he will buy it.

    I comprehend what people say just fine. People still spend AS MUCH AS THEY CAN on automobiles. So the car theif could not pay BobBuick the car maker even if he wanted to. What the car thief did was get enjoyment from his BobBuick product and BobBuick the car maker got some PR ( maybe the car thief told all his friends to buy a buick). Maybe in the future the car thief will consuder buying BobBuick the car makers car because he really liked the last one, or maybe if the car goes on sale and the car thief can afford it he will buy it.

    Both scenarios ignore the fact that the expense to produce a product, it amortized across the people who pay for its use, and receive benefit from it. Using software for free, and benefiting from it, is no different than using cars for free, and benefiting from it. It raises the cost of software and cars, for the customers who do pay for their use, and denies them of a lower cost. It is theft. Theft in aggregate, not direct 2 party theft, but still theft.

    You seem to assume that every download is a lost sale

    I do not assume this at all.

    As for your justification about all the pirated software you received benefit from ... it would seem you are greedy as hell, and the publishers just wanted to get paid for their work. You expect to get paid for your work, don't you ?

    As for the utilitarianism of it all .. what you, as a consumer, spend on products, has no bearing on what CompanyA, as a producer, spends to produce a product. Nor does the amount you spend, have any bearing, on the value of CompanyAs product.

    Make no illusions. CompanyA is not in business, producing games, to make you happy. They are in business, producing games, to make a profit, and feed their family. Now that you are an adult, working, getting paid, surely you can understand that. You couldn't possibly feed your family, if your customers ( or your companies customers ) had the means to just take the benefits of all your efforts without compensating you for them.

    Producers and consumers both need protection when it comes to this issue.

  114. Re:Really? by Lemmy+Caution · · Score: 1

    If it's of no value, then why is there a debate over the subject ?
    If it is of no value, then why do producers want protection from pirates ?
    If it is of no value, then why do pirates want to copy it ?

    For 1 and 2, http://en.wikipedia.org/wiki/Rent-seeking

    For 3, it has a value exactly equivalent to the cost of copying it: virtually zero. For you to demonstrate value, you would need to demonstrate a willingness to pay were it unavailable for free. Or, you do not understand the nature of the term, "value"

  115. recording music have made better artists? by Anonymous Coward · · Score: 0

    Mozart didn't record it's music on CDs, but does it means it was not a good musician. I read everywhere that if peoples don't buy CDs, this will stop artist creation. Monet didn't make money from his paintings, but it still did wonderful work. For centuries, it was said that great art was the hand of god. Art belongs to human not to artists. And if nobody pays for CD, art and music will still be there. Maybe there will be less shit music but who cares.

  116. Re:Really? by heinousjay · · Score: 0

    It doesn't matter if you believe it to be damaging.

    There's a word that gets bandied about on Slashdot when discussing people who will harm others blithely to their own benefit; that word is "sociopath."

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  117. Re:Really? by Anonymous Coward · · Score: 0

    By your analogy, if I buy said Software product, then someone new buys it, shoudn't I get a rebate for the proportion of the product cost because now there are x+1 customers amortising the overall costs?

  118. Re:Really? by Pentium100 · · Score: 1

    You are permanently depriving them of the time it took to produce the software, and their right to get paid for producing the software.

    Now we know why it took Microsoft so long to release a new version of Windows (Vista), and even then it was crap.

    Microsoft actually finished it two years after the release of XP, but somebody pirated it so MS had to start all over again. Same thing happened again. Finally, MS managed to create a new copy faster than the pirate could download it, that's why it was crap.

    Or at least that's how it would work if downloading actually deprived the author of that time.

    Your argument is similar to hiring someone to paint your house, then refusing to pay them after the job is done.

    There is a huge difference between this and software/music/movies. The painter has to put in work and time for each and every copy of the "painted house". If I want him to paint my house, he has to spend $x hours painting it. If my neighbor then decides to get his house painted, then the painter has to work for additional $x hours (assuming our houses are about the same size), in total he now had to work ${x*2} hours to paint two houses.
    On the other hand, let's say I pay somebody to create some software, they spend $x hours doing it. Now my friend also wants that software, the programmer now only has to spend a few seconds making a copy, so, he spent ${x+0.001} hours making two copies, or ${(x+0.001)/2} hours per each copy. If somebody else now wants a copy, the "hours per copy" value goes down even more. So, I can save the programmer those few seconds and make a copy for my friend.
    Now, let's say I'm the "friend". The programmer has already created the software and put in $x hours irreversibly. Somebody bought and paid for it. If I download a copy for free, it will not cause the programmer to put in additional hours (not even a microsecond) to what he already has put in, presumably for the other clients. And he can still sell the software to others.
    The painter cannot paint somebody else''s house at the same time he is painting mine, so each copy costs the same, as opposed to software, where the first copy costs $a_lot and all other copies cost $0.

    A painter also will not be able to paint one house and then get money for the rest of his life while doing nothing.

  119. Re:Really? by fsckmnky · · Score: 2

    Are you actually trying to claim, that if it takes me 5 years to produce a software product, and I charge $1,000 for use of the software product, because it will save people the expense of producing their own at a cost of 5 years of effort and $500,000 of expense, that I am participating in "rent-seeking" behavior and attempting to manipulate a market ?

    You are out of your mind.

    As for my understanding of value. The information on a CD, which costs next to nothing to copy, can in fact be the result of billions of dollars worth of research and effort. It is you sir, who do not understand the nature of the term "value." Perhaps when you decide to produce a product of your own, instead of taking everything you can from other people at their expense without payment, your understanding will grow and mature.

  120. Re:Really? by Anonymous Coward · · Score: 0, Informative

    Hi you made a mistake when you started the above paragraph.

    Stealing is taking something that does not belong to you.
    Depriving someone the right to a possession is a symptom. You could for instance tie up someone with rope, deprive them from being able to listen to their favourite music cd. That would not be stealing would it?

    Taking something that is not yours without permission or consent is stealing.

  121. Re:Really? by BeefMcHuge · · Score: 1, Insightful
    You really are dense. As about a million people have pointed out, a physical product has NOTHING in common with a digital product.

    If for the customers who do pay for their use, and denies them of a lower cost

    What lower cost? Software does not lower in cost as more people pay for it, that would make to much sense?

    Make no illusions. CompanyA is not in business, producing games, to make you happy. They are in business, producing games, to make a profit, and feed their family. Now that you are an adult, working, getting paid, surely you can understand that. You couldn't possibly feed your family, if your customers ( or your companies customers ) had the means to just take the benefits of all your efforts without compensating you for them.

    You say you comprehend but you really don't. Let me try to explain it again. I have 200 to spend on games. I buy all the games I can for 200. I have no more money to spend on games so I pirate a game. I copied bits, they cost the game company 0 and I could not buy the game because I had 0 money. Now I have a game that I enjoy and it cost the company nothing. Ill say it again because you seem to not understand this part. People spend all they can on entertainment, the extra they get from pirating things is NOT A LOST SALE. They had no ability to buy that product because they already spend all they could on entertainment. Your comparing a limited resource to a unlimited resource and that does not work.

  122. Re:Really? by Pentium100 · · Score: 1

    When you steal a candy bar from Walmart, the loss is spread to the customers who pay for their purchases.

    When you steal a candy bar, the loss is the money Walmart paid to the manufacturer of said candy bar. I don't think anybody paid anything for my copy of $movie.

    By your logic, its okay for me to steal your car because I have a screwdriver and I know how to disable alarms and hotwire it. It only took 30 seconds.

    Yes. I have stolen many cars, however, I always left the originals in place, so the legit owner does not have to buy another car. However, I had to wait for him to buy a car before I could steal it. Now we both can drive the same car at the same time, to different destinations.

  123. Rob from Peter to pay Paul? by chrismcb · · Score: 1

    but the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products.

    So its ok not to pay for one thing, because the money might be spent on something else? Just because someone creates something, and publishes it doesn't mean you have the right to it for free.

    1. Re:Rob from Peter to pay Paul? by toriver · · Score: 2

      Copyright protection exists as a fiat of Government. Here, the same Government that graciously give the artist his copyright has decided to clarify one aspect of it. If the artists cannot accept that that is the Government's prerogative maybe they should find another job?

      The creator can perhaps feel like he is Lando Calrissian and the Government is Darth Vader, though: "I have amended the copyright. Pray I do not amend it further".

  124. Re:Really? by Anonymous Coward · · Score: 0

    When NancyBoy the library patron enters the picture and receives the benefit of ABCD without paying for it, he just stole $1, collectively, from the 10 people who paid to receive benefit. If NancyBoy the library patron had paid, the cost to the 11 benefit receivers would be $10/11 or approximately $0.91. NancyBoy the library patron has stolen money, and permanently deprived 10 people of property.

    There you go, I fixed that for you because its the same bullshit argument used by content creators to try and ban libraries. "If everyone reads the books at the library no one will buy books in the stores! Look at all those people depriving me of my ability to sell books, dirty filthy pirates and their damn libraries!"

    You keep making the same mistake over and over again, ideas are free physical items are not. Once its out there an idea becomes the property of everyone who experiences it. See if you can spot the difference:

    If I make a copy of your idea you are not deprived of anything, you are still free to try and monetize your idea as you see fit.
    If I steal your physical product you can't sell it, I've deprived you of the ability monetize your product as you see fit.

    Still don't see the difference, how about now?

    When NancyBoy the realtor enters the picture and sells a used home originally built by ABCD he just stole the jobs, collectively, from the 10 people who would have been paid by ABCD to build the client a new house. If NancyBoy the realtor had sold a new house, ABCD could have paid those same 10 people to build the client a new house. NancyBoy the realtor has stolen money and jobs from ABCD permanently depriving them, and the 10 people they would have hired to build the new house, money and gainful employment.

    Oh wait, this is Slashdot so we need make the requisite car analogy. Here, let me fix that for you:

    When NancyBoy the used car salesman enters the picture and sells a used car originally built by ABCD he just stole the jobs, collectively, from the factory of people who would have been paid by ABCD to build the client a new car. If NancyBoy the used car salesman had directed the client to the ABCD dealership up the street to purchase a new car, ABCD could have paid the factory workers to build the client a new car. NancyBoy the used car salesman has stolen money and jobs from ABCD permanently depriving them, and the factory workers who would have built the client a new car, money and gainful employment.

    Understand yet, or do I need to do a few more analogies?

  125. Re:Really? by fsckmnky · · Score: 1

    That's completely irrelevant. When you steal a car, someone loses something (the car). When you download something, no one loses anything that I am aware of. Not time, money, or anything else, from what I see. Well, the artists might lose hypothetical profit, but I certainly wouldn't call that theft.

    The pure act of simply downloading something, is a non issue. Download anything you want. Just don't use it. It is when you "download and use" that the act of denying others begins.

    Your logic could be applied to car insurance. You paid $300 for car insurance, then you purposefully destroyed your car and collected $10,000 for its value. You just committed fraud, which resulted in an increased expense to the insurance companies other customers, who now have to pay for the benefit that you received that you were not entitled to.

    This is what you are doing when you "use" pirated software ( as opposed to your claim of just downloading it and letting it sit there). You are receiving benefit that you are not entitled to, at the expense of others who have not willingly granted you said benefits.

  126. Re:Really? by TheLink · · Score: 4, Insightful

    Plagiarism is not stealing either, but it is a form of fraud and deception.

    But I suspect in this case he/she will be happy if you keep repeating those two lines (unchanged and in context) to the whole world, even if they are unattributed.

    --
  127. Re:Really? by Froggels · · Score: 0

    I have just stolen all your comments.

    Perhaps you should try to steal some of that good old English grammar? (Remember this is Slashdot.)

  128. Chop-Logic by westlake · · Score: 1

    Stealing is the act of taking someone else's property with the intention of permanently depriving them of that property. This is not stealing in any way. There is no intention to permanently deprive anyone of anything.

    The property rights in question are the copyright holder's exclusive right to control distribution --- and the right to profit from his work if he chooses.

    You know you haven't paid for your copy.

    You know you haven't paid for the right to redistrbute his work through the P2P nets.

    You lnow you can't undo what you have done after the file has been uploaded to the P2P nets.

    You know that if the feds do come down on you, you will cop a plea rather than risk a trial by jury. You know you are not Jamie Thomas and you are not going to be next year's poster boy for the EFF.

    1. Re:Chop-Logic by rtfa-troll · · Score: 1

      What you say is of course correct; but these "rights" are not fundamental rights in the sense of freedom of speech. They are constructed limited rights given out by society in return for the benefit derived from them. Since the copyright holders as a class are failing to deliver that benefit, for example due to the fact that they use DRM, and since these rights are being maintained largely through lobbying and effective bribery of the political classes, these rights are often being obtained fraudulently and should be revoked.

      The Swiss, in this case, have not been convinced that the recording industry is giving the benefit that it needs to give in order to earn it's "rights". This is a very interesting example of actual democracy in action.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    2. Re:Chop-Logic by toriver · · Score: 1

      Is that a "property right"? Is a driver's license now a "property right" to drive a car?

      Will this abuse of language ever stop?

    3. Re:Chop-Logic by Anonymous Coward · · Score: 0

      It's not chop-logic, it's fundamental. A whole world out there understands (a) what theft is, and (b) that copying something isn't theft - and no amount of weasel words trying to prove otherwise is is going to change that. The copyright owner still has everything they had before; they haven't lost a thing. Sure, they can claim that they had been given a legal right to control what was done with "their" intellectual property, and that that right was infringed, but that's a different argument. They can claim (as the RIAA., etc., do unceasingly) that they've lost some nebulous amount of income - but not only is that a claim that needs substantiating (and just about every genuinely independent study of the matter in the last couple of decades disagrees, by the way), but also society as a whole then also needs to agree that such lost income should be protected (and it's notable that such goverments as have looked independently and carefully at the matter, rather than simply buying the RIAA/MPAA arguments unquestioningly, are coming down against the idea of protecting an existing industry model for no good reason other than that it exists).

      The fact is that "copyright" is a very recent invention, and a very artificial one at that. Copying is not only not wrong, it's vital - human culture IS copying, from start to finish. Changing that demands a very high standard of justification - and shouting "Theft!" when something isn't anything of the sort, simply because you don't like the way the world is changing, most definitely doesn't qualify.

  129. Re:Really? by cheekyjohnson · · Score: 1

    So you're saying that you're 100% right and that your arguments can't be debated? I have a word for that: "arrogant."

    I believe I'm correct, too. I don't think that I can't be wrong, though. Where has that gotten you?

    --
    Filthy, filthy copyrapists!
  130. Gimme three steps.... by rts008 · · Score: 1, Funny

    Whether you survive or not, I will still say hello to your wife....;-)

    DON'T SHOOT, I was just kidding....I don't even know your wife!
    *runs away*

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Gimme three steps.... by FatLittleMonkey · · Score: 1

      It was a futurama reference. As was the post before it. Your post... sickens me.

      --
      Science is all about firing a drunk pig out of a cannon just to see what happens.
  131. Entertainment products? by Anonymous Coward · · Score: 1

    If anyone downloads music over the net illegally, i don't think the money spent on other stuff will ever reach the artist.
    Why cant we just ignore the ones that demand money for listening, and support the ones that don't mind, like jamendo.com and the likes.

  132. Re:Really? by cheekyjohnson · · Score: 1

    You just committed fraud

    Exactly. "Fraud." I wouldn't say that you stole from the other customers.

    Although, please enlighten me: how does this work for music, games, movies, and software? Your car example causes other people to lose many through your own actions, but how does it apply to a pirate who just listens to the music? They've done nothing that has affected the artist. They haven't crashed a car. They're separated from the artist.

    Also, answer this: "When someone walks past me on the sidewalk and doesn't give me all of their possessions, I don't call that theft. Sure, it's not a law that they have to, but that is irrelevant to my point. It's a loss of potential gain. I could have had all of their possessions of they would have given them to me. Yet, I wouldn't call that theft. I've lost nothing beyond the ability to believe that they would give me all of their possessions."

    You are receiving benefit that you are not entitled to

    Quite irrelevant unless you're directly using up resources. The artist's decisions are his/her own. The only way I could see your example being relevant is if, say, a pirate connected to a game server. He's using up a tiny bit of the server's resources and taking up space in the server.

    --
    Filthy, filthy copyrapists!
  133. Re:Really? by TheLink · · Score: 1

    I think he named Blackwater and Xe. Go look up what they do, and you might understand why he named them and why he won't care that much about them and their "security contractors".

    As for the military, I don't know how he feels about it, but in my opinion, assuming you're talking about the US war vs multiple countries, if you're a volunteer soldier and get killed in a very expensive tax-payer funded war, that is badly justified, that I disagree on, don't expect any great sympathy from me.

    Even so, I'd probably give you more heartfelt sympathy than the politicians who sent you to die for their selfish purposes.

    If soldiers are dying in those wars, the main blame belongs to the leaders who sent them there and the people trying to kick the soldiers out from their country. It certainly does not belong to Assange.

    If Assange/Wikileaks sways public opinion so much that they stop the war, Wikileaks may actually save more lives. If a some soldiers have to die in the process, big fucking deal, that's what soldiers do.

    Lastly, you need work on your guilt-trip technique.
    Hint: in your case try using "civilians", rather than "the military" or "security contractors".

    --
  134. Re:Really? by Anonymous Coward · · Score: 0

    Personally, I'd love to see how music, films and art would change without copyright. It's obviously not enforceable anymore in the way it exists. We're used to the idea of "make things once, profit until your grandchildren die" or whatever the current time limit is. I think especially for a fast-moving medium like music this is completely absurd. You can look at less-popular genres to see what happens when there is close no money to be made: people still create music, just not with the expectation to get rich, which seems to me as being regarded as an inalienable chance for musicians at this time. I think the entertainment industry is one of the biggest and lasting bubbles we have ever created, but it's foundation has been something that is gone now: restrictions on information dissemination.
    To the best of my knowledge, there is no law guaranteeing that a business model will survive societal and technological change. Of course, this is exactly what the entertainment industry would like to see and tries to work towards.
    My guess: this discussion about copyright will go on for many decades. At the same time, the industry will shrink down to a realistic size. People will continue distributing media as they see fit because laws against it are very hard to enforce without establishing a fourth reich. This is just about accepting reality, which the industry will never do (openly).

  135. Re:Really? by Crookdotter · · Score: 1

    Actually, I wonder if theaters could promote a sliding scale - 5 mins before the doors close on tickets the price drops to 50%, 1 min before it's at 10% and 10s before it's at 0%. Might be an interesting scramble. Want to guarantee a ticket? Buy early! If it's a film you're not that bothered about, wait and chance it. But still it's not a good comparison - wear and tear on seats and you have a physical effect of being there which does not exist with a download.

  136. Re:Really? by Anonymous Coward · · Score: 0

    But copying something without a license is not taking something. Your example fails horribly at trying to compare two totally different applications of the word "deprive". It's on the level of comparing stealing a car with someone stealing a young girl's heart.

  137. Re:Really? by toriver · · Score: 4, Insightful

    Art was created by creative individuals long before we even had the reasonable copyright laws of old. Now that we have laws that only serve the entertainment industry middle-men, it is even less relevant. And is really the art of the 10% or so practitioners who get to make a living off it better than that of the hobbyists?

    I see you, too, trot the old "think of the artists" argument, but given what meager fraction of a work's price the artist in general gets from a sale, most of them might as well have stayed amateur and held a well-paying ordinary job and made more money that way.

    Unless you somehow can come up with an argument for why the salary of some director in Vivendi Universal has any effect on the quality of an artistic creation.

  138. Re:Really? by Zemran · · Score: 2

    If 33% of the population are doing it then why would the government that represents those people want to make it illegal? It is a democratic country, one that ours could learn a lot from. This is not stealing in any way so why would the government want to get involved. Why does the US government get involved? because they are much more corrupt and easily bought. This should have remained civil action and the fact that a country sees it that way should not even be news.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  139. Re:Really? by Aryden · · Score: 1

    FINE and dandy dammit, this is /.

  140. Re:Really? by NeutronCowboy · · Score: 5, Insightful

    Are you actually trying to claim, that if it takes me 5 years to produce a software product, and I charge $1,000 for use of the software product, because it will save people the expense of producing their own at a cost of 5 years of effort and $500,000 of expense, that I am participating in "rent-seeking" behavior and attempting to manipulate a market ?

    Yup. Precisely. Copyright is government enforced monopoly. The behavior to create revenue via monopolies is called rent-seeking. This is basic economics. I'm sorry that these words offend. That's just how it is.

    Here's the problem: the copy cat is out of the box. You're not gonna put it back in. The question is, how do you provide an incentive for people to create something that costs $1M, but can be copied exactly for less than a cent? Furthermore, how do you provide that incentive without stealing from what is already in the public domain?

    That's the real debate. How do you balance the need to have people recoup their investment into something that is trivial to copy, but don't create an environment that is best compared to the tariff situation in 18th and 19th century Germany? Grandstanding about pirates is not going to help.

    --
    Those who can, do. Those who can't, sue.
  141. Re:Really? by toriver · · Score: 2

    When NancyBoy the pirate enters the picture, and receives the benefit of ABCD without paying for it, he just stole $1, collectively, from the 10 people who paid to receive benefit.

    No he did not.

    If person A has $100 and pays $1 for the software, he now has $99. This is totally independent on the number of copies sold or copied without a license.

    You seem to think there is some rule that the price of a product to the end consumer is costs divided by the number sold. But for an infinitely copyable product, any copy sold after that break-even point is called "profit". There is no "payback" to the people who purchased the earlier copies of it: If NancyBoy the pirate paid for his copy, no company I know of has a business model where each for the ten original customers get sent $0.09.

  142. Re:Really? by NeutronCowboy · · Score: 1

    You couldn't possibly feed your family, if your customers ( or your companies customers ) had the means to just take the benefits of all your efforts without compensating you for them.

    I would suggest that if someone finds themselves in a situation where they can't make enough money to feed themselves, they should look into a different business. Or do you somehow agree that everybody who makes an investment into anything has a right to make a profit? Here, I spent 10 grand on polishing a turd. I deserve to have people pay me enough to make my money back. Suddenly doesn't sound so great, does it?

    --
    Those who can, do. Those who can't, sue.
  143. Note: Swiss pay a copying levy by bradley13 · · Score: 5, Informative

    Do note that Swiss pay a hefty copying levy. In particular, we pay a fee on the amount of memory in smart phones, iPods, MP3 players, and the like. This fee is supposed to be compensation for the copying that goes on. Since we've paid for it, it is really only fair that we are allowed to copy.

    Also note: while downloading is legal, uploading is not.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Note: Swiss pay a copying levy by Needlzor · · Score: 2

      For what it's worth, we also pay a tax on memory on almost anything that can store a few mp3's in France but we still get screwed if we get caught downloading.

    2. Re:Note: Swiss pay a copying levy by Anonymous Coward · · Score: 0

      Since we've paid for it, it is really only fair that we are allowed to copy.

      You'd think so, wouldn't you ? here in France we pay the same kind of copying levy on all memory supports - and at first glance, about the same amount. Except we're *still* not allowed to copy, and lobbies constantly push for stuff like the three strike law (hadopi).

    3. Re:Note: Swiss pay a copying levy by Anonymous Coward · · Score: 0

      The summary is wrong in quite many regards anyways. Software -including games- is not covered by the compensation we Swiss pay! We just seem to quite often pirate it and it happens that -because trials would merely be expensive and the backlash in this direct democracy potentially ruinous-.no one I can think of actually got sued.

      Note that all of this "only" means is that intellectual property laws are a less direct personal problem for individuals in Switzerland, not not problem at all.

      We still otherwise have mostly the same things as most of the fellow Slashdot know: Intellectual property rights take forever to expire, even the dumbest most obvious invention is allowed to be patented, DRM and other anticompetitive customer-unfriendly technical trickery is still legal. Various other bad things also happen - for example patents being used as (import/export) trade hinderance.

      This ultimately means quite a few negative effects you all also know are still there, although those are now between companies first and only then handed down to individuals in "cost factors" rather than in the form of direct lawsuits and exclusion from the internet and such.

    4. Re:Note: Swiss pay a copying levy by Pope · · Score: 1

      We have a similar thing in Canada, a blank media levy. Only question I have: why do Canadian artists get money when I pirate British bands?

      --
      It doesn't mean much now, it's built for the future.
  144. Artists should be paid for live work much more by Crookdotter · · Score: 1

    Recorded music should be considered advertising for live performances. Not a gravy train for life. Everyday coders dont get this - the people who do the actual work. it's the software companies who can sell the work on. In the same vein, it's the recording industry who should profit, not the artists. So, who cares about the recording executives? Hands up? Thought so.

  145. Re:Really? by tsa · · Score: 1

    Face it: Information is meant to be public.

    So you don't mind that Carrier IQ tracks your every move and you give your passwords to everybody who wants to know them?

    --

    -- Cheers!

  146. Re:Really? by Aryden · · Score: 1

    as well as your future insurance rate increases to compensate for the loss by the insurance company. You may have defrauded them, but they get the last laugh when your cost per month jumps from $100 to $300.

  147. Re:Really? by toriver · · Score: 0

    Shut up, entitlement jerk! If you create something and try to sell it there is NO obligation for anyone to actually buy it! You are NOT entitled to a success in business! Despite what Mum told you, you are NOT a special snowflake! If you are a musician and I walk into a record store and instead of buying your album I buy someone else's I have NOT stolen from you! It is your job to make it interesting for me to pay you!

    You make your business model and you take your chances, in art as in any trade. Except artists are SHIT at business, and leave that to companies that end up with 90% of the money traveling from the customer to you. Programmers often have it easier, but what they create is even more treated as "work for hire" than that of musicians and the like... why should their creations be protected by laws that are there as a governmental boon for the benefit of common culture?

  148. Re:Really? by fsckmnky · · Score: 1
    It occurs via market expansion and cost amortization.

    There are 3 basic classes of consumers, not 2.

    1. Those who pay for software, and use it.

    2. Those who pirate software, but would pay for it if they couldn't pirate it.

    3. Those who pirate software, but would not otherwise pay for it.

    #3 seems to be what the Swiss decision is based on.

    I know of has a business model where each for the ten original customers get sent $0.09.

    Look at the Japanese health care / insurance system. People get refunded excess premiums paid which minimizes costs for everyone.

  149. Re:Really? by bzipitidoo · · Score: 2

    You are the one who is out of your mind. You don't get it. Complain to the universe about how easy it is to copy. It won't listen. Information is not scarce. And no petty human laws or technology can make it scarce. Moralizing to us will not change that. You deserve derision for demanding that we all conform to this view of how you think things should work, at great cost to us all, especially as you are totally unable to suggest any credible way to enforce this vision. Can't be done. Good thing too-- it's a horrible vision. When you were little, did you get really bent out of shape when your younger sibling copied everything you did?

    You seem to have utterly failed to grasp that life is a bit more complicated than property rights and material goods, that there could exist things that do not fit those concepts. Just as you have failed to grasp that stealing is not the only kind of crime there is. Nor have you apparently listened to the various suggestions of how we could do it all. We can both freely copy information and fairly compensate creators for their work. But you don't believe that. Perhaps you think your livelihood depends on refusing to accept such a possibility.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  150. Re:Really? by turbidostato · · Score: 3, Interesting

    "Are you actually trying to claim, that if it takes me 5 years to produce a software product"

    I won't go into what the other poster meant but I do mean that if you are going to spend five years of your effort you'd better have *in advance* a deal to monetize it. You could, for instance, have a talk to all those people you are going to save money for so they start paying you *now*. When your product is done, they'll get it and it's all done. Of course since they can replicate it virtually for free, you won't see a dime from then on. If you want to earn more money you'll have to work for it.

    That's not only what most of the people already do, but it's overall better for society since equates the cost for society to the cost of production without siphoning it more than needed. Perfect Adam Smith capitalism.

  151. Re:Really? by fsckmnky · · Score: 1

    Yes. The insurance company just shifts the cost to the customers. The same is true of software. The cost just gets shifted to the paying customers, while the pirates who don't pay but still use the software get a free ride and benefits of use they didn't pay for.

  152. Gallon of milk? by Anonymous Coward · · Score: 0

    they leave strollers with children in them outside the store while they grab a gallon of milk

    You mean they go all the way to Liberia, Myanmar or the United States for a frigging gallon of milk? Aha! So they spend the money that they don't spend on music on air travel instead!

    Now, I've encountered a Danish asshole or two in my life (Ove A. - are you listening?), but Danes never seemed stupid to me.

  153. Re:Really? by turbidostato · · Score: 1

    "You could for instance tie up someone with rope, deprive them from being able to listen to their favourite music cd. That would not be stealing would it?"

    Of course not, are you kidding? Never in the whole History has been kidnapping or illegal retention equated to stealing.

    "Taking something that is not yours without permission or consent is stealing."

    No, it is not. It is obviously not. For once, it is not the "it doesn't belong to me" the part that defines stealing but "it does belong to someone else". Or did the one that registered a new mine steal something? Because the mine wasn't him prior to claim rights, was it?

    On the other hand, it is not enough for stealing to get possesion of something that belonged to someone else, the first one has to be effectively deprived of the thing and of its fair usage and it has to be done without his authorization. Lacking just one of these elements (prior belonging, deprivation and unauthorization) it can't be stealing. And not, a hoped future benefit is not deprivation, and not, public communication makes not yours all future instances of the published thing.

  154. Re:Really? by fsckmnky · · Score: 2
    From wikipedia:

    In economics, rent-seeking is an attempt to derive economic rent by manipulating the social or political environment in which economic activities occur, rather than by adding value. An example of rent-seeking is the limitation of access to skilled occupations imposed by medieval guilds.

    Also

    The simplest definition of rent-seeking is the expenditure of resources attempting to enrich oneself by increasing one's share of a fixed amount of wealth rather than trying to create wealth. Since resources are expended but no new wealth is created, the net effect of rent-seeking is to reduce the sum of social wealth.

    Are you trying to say that a software products existence, like say, Autocad, is of no added value to society ? If engineers and draftsmen went back to pen and paper, the costs in time and labor would increase exponentially. For other scenarios, there are products that would never exist were it not for design software that facilitated their creation. That is why Autocad exists. Its existence does in fact add value. Also, the people who invested time and effort in creating Autocad, have created wealth. They have no merely manipulated social constructs, they have actually produced a product of value. This is definitely not rent-seeking.

    As for the "monopoly" part of your argument, there is no monopoly on CAD software. Market forces will produce software that competes with Autocad, so it is also not a monopoly. Software patents, the mess that they are currently, is more likely to produce a monopoly. Copyright does no such thing.

  155. Re:Makes you wonder why this doesn't happen in the by toriver · · Score: 1

    Your murder analogy takes top prize for "terrible analogies from the entertainment industry fans". Are you guys running out of actual arguments?

    There is NO cost to the copyright holder if someone pirates their stuff, unless they were running the servers it was pirated from. There is a loss of potential income, but income from sales are never guaranteed unless agreed-upon before the work is done. The anti-pirates might as well go after subsistence farmers in Africa that never have bought a CD in their life, for their non-payment as well. Or maybe a band like Train can go after Lady Gaga for "stealing" potential customers since many people bought Lady Gaga's albums instead of Train's...

    There is no entitlement to success in business.

    And again the comparing of unlicensed copying of digital files with stealing physical objects. Are you guys dense?

  156. Re:Really? by Anonymous Coward · · Score: 0

    Now everyone in the world can own the next great widget that you invented. Man, you should be happy.

    What if that "next great widget" was a cure for cancer?

    When did artists and inventors go from being scientists who benefitted mankind to selfish entitled control-freak pricks who want to own everything? Do we blame Edison for this?

  157. Re:Really? by Lemmy+Caution · · Score: 4, Interesting

    You act as if you are entitled to make a profit.

    You are not. You are entitled to try to produce a value-proposition with a customer, to negotiate a quid-pro-quo for your labor. It is up to you to come up with an effective business model given global realities, including the reality that, in Switzerland at least, the government is not going to limit the right of people to copy things. The rent-seeking involved is your demand that governments - globally - criminalize the copying of information.

    There was a brief historical window in which information could be treated like a product, because of the difficulty in moving that information from one medium to the next. The medium was the actual product, and it still is. The information can not be, not anymore. You will have to adjust.

    Personally? I think that the public/academic sector is best suited for creating useful software, and providing a living for artists and musicians, as well. With their output then being released into the public domain.

  158. Re:Really? by fsckmnky · · Score: 1

    ... no costs of producing a digital object there is also no losses to be spread over.

    Open up a text editor. Type the source code for Windows 7, compile it, debug it, and post the binary for the entire world to use for free.

    Get back to us when your done, and you have the experience to determine how expensive of an effort that was.

  159. Re:Digital Product by TaoPhoenix · · Score: 3, Interesting

    Okay, let's thrash out the realm of Digital Products a bit more.

    I also agree that the *costs* don't change, it's the *revenue* side that's the problem.

    Producing digital products, including both music&movies and software, sinks all 100% of the costs up front. Then the producer is stuck trying to recover those costs. Previously, every issued copy was a sale, let's say 10% slippage from favors to friends, etc. So rephrasing the line above, "a digital product comes closer to breaking even and then making a profit the more people use it."

    Now we get to you and your 200. Your mistake above was that we start with you at the beginning of your purchase cycle. You know about my game, you have 200 to spend... and you decide that my game is not worth spending it on to you. However, you still want to play it. (Since it's the "zero" that does strange things to lots of equation, let's say it's "worth a penny" that you dig up off the floor of your car.) You're now essentially walking up to me with the following theoretical conversation:

    "Hi. I want to play your game. How much?"
    "Hi. My price is $20."
    "Hmm. Nah, I don't want to pay that."
    "Okay. Have a nice day."
    "No, I'm going to play it anyway. I copied my friend's CD."
    "So when do I get my $20?"
    "I dunno, I don't care. I'll tell a couple buddies, maybe they will buy a copy. I'm going to go play now, bye."

    I'm pretty sure every downloader doesn't really think they have fully satisfied the requirements for their digital item. It's a gut level reaction to these upfront cost vs duplication cost changing equations. Admit it, there's a bit of "rebellious excitement" going on. Paying is "boring". Harnessing technology to copy it for free is "fun". So since we're still in thought experiment land, I'll send Security over to you and demand that you either pay me my $20 or delete "your" copy of the game.

    Accounting and Game Theory have half solved this puzzle 40 years ago. It's a deliberate psychological refusal to allocate the Sunk Costs to make the digital item. You made your copy, so you purposely stop caring where my revenue comes from. It's not your right to make me "hope that if enough people copy the game to make it go viral, someone eventually will actually pay the real price for it". That *is* the modern emerging strategy, but you shouldn't be forcing me to delay my revenue at your whim.

    This is the rough internal dialogue occurring in the minds of each and every downloader. "I've ripped my copy, I'm done. Your rent is not my problem". The last missing part is for you to provide me with something of *guaranteed* equal value to my purchase price, like a signature on a petition backed by someone who says "for every signature on this petition I'll grant the producer his purchase price in your name as a creative subsidy". By not providing that alternate value, THAT is the unstated implicit lost value caused by digital copying.

    This is essentially the last word on the copyright dilemma at this time. It will occur with every digital item, times every downloader, forever until we get Non-Purchase methods of giving value back to the producers.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  160. Swiss govt. rules gnu gpl invalid... by Kplx138 · · Score: 0

    So I heard today the swiss government ruled gnu gpl invalid, they said it was ok because you've probably got money coming in from somewhere so you wouldn't mind if someone else made some money off it too. Why are you applauding some dumb thinking it's just as dumb as MIAA and RIAA

    1. Re:Swiss govt. rules gnu gpl invalid... by gweihir · · Score: 1

      Most clueless posting so far. Of course the GPL is valid in Switzerland.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Swiss govt. rules gnu gpl invalid... by Anonymous Coward · · Score: 0

      [citation needed]

    3. Re:Swiss govt. rules gnu gpl invalid... by Kplx138 · · Score: 0

      was a joke

  161. Re:Really? by fsckmnky · · Score: 1

    You are calling a software product, an idea, when it is in fact, the realization of an idea, not just an idea. Im sure it is difficult for you to differentiate between the two, because you seem to have lots of ideas, but none of them are based in reality.

  162. Re:Really? by Luckyo · · Score: 1

    In most cases, it's cheaper to simply erect a copy of your "widget's" factory. Fucking around with original designs requires good engineering work to understand them. Copying a factory doesn't.

  163. Re:Really? by cp.tar · · Score: 1

    The place called China can indeed reproduce pretty much anything. And cheaper, too, especially when they loosen up on the good ole QC.

    Then again, China struggles on the innovation plane. It is easy for them to reproduce stuff, but not at all to actually invent something new.
    So yeah, I’ve heard of China. Yet people still buy Apple’s iPhones instead of much cheaper Chinese knockoffs. I do wonder why, when it’s so dire as you make it to be.

    --
    Ignore this signature. By order.
  164. Re:Really? by mrchaotica · · Score: 1

    No, no, it's "I dun just stole all yer comments!"

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  165. Re:Really? by fsckmnky · · Score: 1

    You are claiming there is no physical limit on software products. You are completely ignoring every physical aspect required to create the software in the first place. Programmers are a finite resource. Computers are a finite resource. Electricity is a finite resource. Office space is a finite resource. Food and housing and clothes and transportation to and from work are also. Everything required to produce the software you want so badly yet have no understanding of how it came to be, is a finite resource. You just can't see it, because you are ignorant, which, greedy lazy "other people owe me happiness" consumer, is some stupid shit to argue.

  166. Someone finally gets it by Hentes · · Score: 5, Insightful

    he report states that around a third of Swiss citizens over 15 years old download pirated music, movies and games from the Internet. However, these people don’t spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary.

    This is what many just don't get. People don't have an unlimited amount of money. The ridicolus amounts of money that publishers claim to use due to piracy doesn't exist. Most of the time, the amount of what people spend on entertainment is constant. When they can pirate films and music for free, they will spend the remainder to go to cinemas and concerts. Of course, that changes the structure of the whole business, with new players entering and the old ones losing money, and those who can't change will try to use legislation to stay in business.

    1. Re:Someone finally gets it by Anonymous Coward · · Score: 0

      Ok, well as your boss I've decided to continue you having working for 40+ hours a week but I won't pay for your services. This is okay, because I'll make sure to pay everyone else. I don't have an unlimited amount of money, so you're fine with this, right?

    2. Re:Someone finally gets it by VJmes · · Score: 1

      You would probably find that media companies use modelling based from growth periods during the 70's and 80's where media sales were growing at their most aggressive rates. It's bullshit, but not surprising bullshit from the egotistical suits that work in big media.

  167. Re:Really? by okmijnuhb · · Score: 1

    You rented a campsite on public lands, and then built a brick house upon it, and then bribed the police to defend you staying there there in perpetuity.

  168. Re:Really? by Pieroxy · · Score: 1

    Face it: Information is meant to be public.

    How come you don't even disclose your name then? Or your credit card number? Your SSN?

    Please, stop spreading little pink ponies.

  169. Re:Really? by fsckmnky · · Score: 1
    Well, I spent $200 on food this month. I don't have any more money for food, but I'm still hungry. I'm going to break into your house, and eat your food, and it's okay that you starve as a result, because the earth will grow more food. And its okay that you and your children starve, because I didn't have the ability to buy a Big Mac when I desired one.

    The design and creation of a computer software product, by virtue of all that is required to support the humans who produce software, is a limited resource, and if you actually knew squat about software development you would realize this.

    Truth is ... you don't know shit, except, that you want something, and its okay if you just take it without payment.

    I've been caught stealing;
    once when I was 5...
    I enjoy stealing.
    It's just as simple as that.
    Well, it's just a simple fact.
    When I want something,
    I don't want to pay for it.

    I walk right through the door.
    Walk right through the door.
    Hey all right! If I get by, it's mine.
    Mine all mine!
    -- Copyright (c) Janes Addiction. All rights reserved.

    You must have thought this was an instruction manual on how to behave, as opposed to, a cautionary tale and statement on the greed and selfishness of some and the detrimental effects the lack of personal responsibility and accountability can have on society as a whole.

  170. Same as sneaking in to a performance by hidispenser · · Score: 1

    The house painting analogy seems to be falling apart, so how about this... illegally downloading copyrighted media is like sneaking into a less-than full movie theater or concert. As long as your presence isn't preventing a paying customer from entering, you aren't "stealing" money from the artists, right? After all, the movie or concert was going to be performed anyway, with or without you there. Yet I think most of us would see sneaking in as theft, although no physical object was taken from an owner and not given back.

  171. Re:Really? by Anonymous Coward · · Score: 0

    To put it another way: it makes no difference to an author if you copy their book, or borrow it from a friend, or the library, or just never read it. If you're not going to buy it, then what does it matter if you read it anyway?

  172. Re:Really? by king+neckbeard · · Score: 1

    Both copyright and patents are legal monopolies. However, the market they create monopolies on is often very small. Autodesk has a monopoly on Autocad, not the CAD market as a whole. That's it's a monopoly that is very narrow in scope doesn't make it not a monopoly, it just means that said monopoly isn't very likely to be prosecuted by competition/antitrust law. Absent the interference by the government through copyright, anybody could sell Autocad, driving the per unit price down drastically. This is quite apparent in the pricing of generic drugs, and it would be apparent in works falling into the public domain, if only that happened for us.

    As for rent seeking, it doesn't apply to the authoring itself, but rather, to trying to extract more money than free competition would allow via a legal monopoly after a work is finished. Rent seeking doesn't mean that the party seeking rent has never done anything productive, just that they aren't doing anything productive any more in a certain regard.

    The Walt Disney company has been very productive in the past, and is productive today as well. However, by seeking retroactive copyright extensions, they were engaging in textbook rent seeking behavior. You might argue that copyright increases the number or perhaps the quality of works produced, you might even be dumb enough to think that adding 20 more years of protection to new works would encourage more works to be produced, but retroactive extensions can't possibly encourage more works to be produced, and thus, is clearly rent seeking.

    --
    This is my signature. There are many like it, but this one is mine.
  173. Swiss overlords by mgf64 · · Score: 1

    Hail our new brain toting Swiss Overlords!

  174. Re:Really? by king+neckbeard · · Score: 1

    It's more akin to saying water wants to flow downhill. Now, the water doesn't actually express any human desire either, but given circumstances that allow water to flow downhill, it will flow downhill. Likewise, the 'flow' of information tends to be from the one to the many, given circumstances that allow such a change in knowledge to occur. Public education and libraries exist to facilitate such flow of information. Even copyright and patents themselves have the ultimate goal of enriching the public in a manner that outweighs the social costs a legal monopoly brings, at least in the US legal tradition.

    --
    This is my signature. There are many like it, but this one is mine.
  175. Re:Really? by smallfries · · Score: 1

    How does murder fit into your argument? The universe has made it pretty easy and it is only petty human laws that prevent it.

    --
    Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  176. Re:Really? by fsckmnky · · Score: 2

    The original slashdot article is not about retroactive extensions. It's about Switzerland allowing people to use the products of other peoples efforts without payment. I went looking for statistics on the size of the swiss software industry, relative to other countries, but failed to find them. I did, interestingly enough, find a statistics on financial sector expenditures in IT, and they were quite large. It will be interesting to know what effects the swiss decision has on the industry. Only then can anyone determine if it's good, bad, or otherwise.

    As for you using retroactive extensions as an example of rent seeking, I would agree with you that it is. Producing software products and charging a fee for their use, however, is not rent seeking, and is also not monopolistic behavior. It is producing a product of value in exchange for payment, same as any other service or product produced. If society determines that software producers, musicians, artists, and authors, do not have protections of copyright in order to recoup their expenses and investment, then I say fine, so long as I can eat the farmers crops, drive the car makers cars, wear the miners gold, and live in the carpenters house, all for free, without paying for the benefits the use of said items bring.

  177. Re:Really? by Anonymous Coward · · Score: 0

    Hi you made a mistake when you started the above paragraph.

    Stealing is taking something that does not belong to you.
    Depriving someone the right to a possession is a symptom. You could for instance tie up someone with rope, deprive them from being able to listen to their favourite music cd. That would not be stealing would it?

    Taking something that is not yours without permission or consent is stealing.

    Pish Tosh If Beethoven or Bach or most of the great composers were alive today they would slap this attitude down with a simple variation on a theme. Music once played it is PD. It is the right to distribute exact audio copies of said music or the score that can be bought and sold, not the right to listen or posses a copy that you have recorded or in the case of myself transcribed to notation and played by myself or with other musicians.

    If I quote the source of the music that I refer to in a new composition then the original composers representatives have the right to prevent me from performing my version. Historically this is a very new occurrence and is directly tied to the emergence of mega music corporations that have used political and legal chicanery to dominate the field of music. As far as I am concerned the assholes can go straight to hell where they belong. Having to pay the estate of Michael Jackson for the right to quote a theme from a Beatles tune in a comic opera set in the sixties is the result....

    This is just one example of what is going on and is the reason why pop tunes are not being turned into great stage classic they always were in the time of the Italian giants of the music stage. If I want to use a the image of a Royal Canadian Mounted Police officer in red serge singing in that same stage musical then I would need to pay and first receive the approval of Disney Corp for the right to use the image of a Mountie in uniform ....Believe it or not this is the case and is indicative of how stupid the American entertainment industry has become and why it will eventually die a horrible death of its own doing.

    Music and other forms of copyright have become completely perverted by the "industry" and in turn ham strings up and coming librettists and composers. For instance if I write a tune and sell it as a jingle then I am no longer allowed to reuse the snippet. Historically all great composers had "pet riffs" that they either took from folk music or created themselves..in fact it was considered flattery not plagiarism to use someone else's tunes!

    What if a tune is created by a computer algorithm...as the laws stand even if the software writer has a tin ear and couldn't carry a tune in a bucket they still can say that any string of notes in that particular pattern is an infringement upon their copyrights to the tune. This is fundamentally stupid and completely counter productive in music. Those with absolutely no talent whatsoever have come to call the shots in the field stage and recorded music...and it shows!

    The so called music industry today is a cancer upon real creativity and musical innovation and is the real reason why Classical music is being pushed out the door to obscurity. As stated in an earlier post to this story... Sony, Apple, Disney etc and all their US government backed myrmidons and minions can go fuck themselves. They are killing classical artists and composers the very future of great music in North America.

  178. Re:Really? by Bob9113 · · Score: 3, Funny

    People who call copyright infringement theft are either idiots or relying upon an appeal to emotion.

    Hey, now, that is unfair. A significant portion of them are both.

  179. Re:Really? by Gaygirlie · · Score: 1

    Sorry I didn't respond earlier, I dozed off.

    When NancyBoy the pirate enters the picture, and receives the benefit of ABCD without paying for it, he just stole $1, collectively, from the 10 people who paid to receive benefit. If NancyBoy the pirate had paid, the cost to the 11 benefit receivers would be $10/11 or approx $0.91. NancyBoy the pirate has stolen money, and permanently deprived 10 people of property.

    Again, economics doesn't work like that. If 10 people buy the software the company has just earned $10. If 10 people buy it, and one pirates it, the company has STILL earned $10. The amount of money earned doesn't change according to the amount of people using the software as money isn't some fluctuating variable. Besides, the company can't even know how many people are using the software anyways unless the pirates themselves report to the company, so again that's yet another reason for why it cannot work like that.

    The physical object argument does not matter, and here is why. A car started out as dirt in the ground. Someone had to mine the dirt, extract the iron, make steel, form it into a car, etc. When you buy a car, you are paying for the labor and time of people who molded dirt into a car. The same is true of software, movies, and music. You are paying for the labor and time of people who organized information and molded it into a product.

    Again, a car is made of physical materials. If the materials could simply be whipped out from thin air then your argument would be better, but as reality stands the materials are indeed a physical object and are needed to produce other physical objects. I would LOVE to see how you duplicate a car without it affecting the original one.

    Of course I agree that the developers deserve to get paid for the work they've done, but that is a perfectly reasonable argument that doesn't depend on false pretenses and is perfectly fine on its own. But your other arguments are just bullsh*t, you are trying to associate material costs to something that doesn't have them, and you're similarly trying to assign theft to something that in no way or form affects the original or its owner.

  180. Re:Really? by Archibald+Buttle · · Score: 1

    Arguably what is being stolen in the case of 'piracy' is not the digital media itself but instead the money that should have been paid for the media.

    The problem with digital media is that it's free to duplicate data, and thus there's no replication costs involved. If one looks only ever at the media there's clearly no deprivation of property involved. However that's not really what copyright is about.

    Copyright is about granting and restricting the right to make copies of a work. The intent was to encourage authors to produce new works, by helping to ensure they'd get paid for the works they had produced. The laws were introduced because it was felt that it was too easy to make copies, even though at that time the cost to make copies was high.

    The fact that copying is easier and cheaper now than ever doesn't significantly change the arguments involved for or against the existence of copyright laws. (There remain significant up-front costs involved in producing media, and these costs need to be recouped.) It can make a powerful argument in favour of lower digital media prices.

    Obviously the current duration of copyrights are ridiculous. Any duration exceeding half of the average expected lifetime of the author is clearly patently absurd. This is why the original laws when formed were for 7 years with an optional 7 year extension - durations that I'm inclined to think should still be perfectly acceptable today.

    Quite what effect the fact that making copies is free should have on the duration of copyrights is another question. Copyright durations were already stupidly excessively long before digital media arrived.

  181. Re:Really? by Mathinker · · Score: 1

    Thank you for pointing out that there is probably some inherent aversion (such aversion being a random variable, therefore having a distribution of values in any population) in humans against committing murder, which seems to be much less active with regard to copyright infringement. BTW, the same thing can be pointed out with respect to comparing infringement with (physical) theft --- therefore undermining arguments trying to make that equivalence.
     

  182. Re:Really? by king+neckbeard · · Score: 4, Insightful
    It's actually in line with a lot of the tradition of copyright law. It has generally been an industrial issue, so personal usage wasn't regulated, at least in practice.

    If society determines that software producers, musicians, artists, and authors, do not have protections of copyright in order to recoup their expenses and investment, then I say fine, so long as I can eat the farmers crops, drive the car makers cars, wear the miners gold, and live in the carpenters house, all for free, without paying for the benefits the use of said items bring.

    All of those are naturally scarce resources. The scarcity created by copyright is artificial, and the ultimate goal of said scarcity is to benefit society. It might be worth considering how the printing press changed things. Before the advent of the printing press, making a copy required close to the same amount of labor as the creation of the original, and we had no copyright. The change the printing press brought about was not that it took more labor to author original works, but rather, that existing works could be copied with less labor. That someone else didn't have to do so much work didn't give the author the copyright, as such a statement makes no sense whatsoever. Rather, the change was thinking that by controlling the lower costs the printing press brought, the King and Church could proliferate pro-establishment works while squelching dissent, err, I mean, learning could be advanced.

    Also, you haven't really quantified the matter of 'do not have the protections of copyright'. At what point do you feel that this happens? Anything shorter than eternity would be inferior to naturally scarce property. Or is it fine for the period to be brief, so long as such a period exists. How about two seconds for copyright? That's technically protection, but it is so little protection that it's not worth filing the paperwork.

    --
    This is my signature. There are many like it, but this one is mine.
  183. Piracy can help smaller bands by Klobbersaurus · · Score: 0

    As a broke ass grad sudent my appetite for metal is significantly greater than my budget. I realize that it is very important to support smaller metal bands because most of them have to work an actual job in order to not starve. Whenever a band I like tours I always try to go see them. Which is rare because most of my favorite bands are european and don't tour canada often. Whenever I can afford it I spend a bunch of money on cds from smaller bands. I won't buy a cd from a big band (unless its blind guardian) because they don't need my money. I am pretty sure smaller bands survive through piracy (either standard bit torrent downloads or youtube posts). Its like the mix tape trading in the eighties (only better). I would not have found many of my favorite bands if not for piracy. Now that the conservative party is going full retard on its quest to make Canada like America. It its only a mater of time before they pass some retarded copyright legislation. Maybe I should relearn some french and move to Switzerland.

  184. Re:Really? by Gaygirlie · · Score: 2

    ... no costs of producing a digital object there is also no losses to be spread over.

    Open up a text editor. Type the source code for Windows 7, compile it, debug it, and post the binary for the entire world to use for free.

    Get back to us when your done, and you have the experience to determine how expensive of an effort that was.

    Good job trying to completely misrepresent what I said. Let's do it this way: find that ebook you bought in Explorer (or whichever filemanager you happen to use) and copy it. Then make another copy. And another. Now, how much did that cost you? Or the person who wrote it? Zero? Oh, shoot, that's right: duplicating a digital object costs nothing.

  185. Flip side of the coin by damburger · · Score: 1

    What you don't have to pay out for music, movies and games in Switzerland, you have to pay out for food. I was applying for a position at CERN at one point (didn't get very far into the process, gave up as I realised I wasn't interested enough in particle physics to fight for the place) - the advice they give to visitors is "If you want to go shopping, go to France"

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  186. Re:Really? by Anonymous Coward · · Score: 0

    So if you go on holidays, and I take your car without permission, but return it before you get back, then it's not stealing?
    That's good to know.
    I suppose next you'll be telling us how killing homeless people, that nobody will miss when gone, isn't really murder; or if you have sex with a women while she's passed out drunk, it's not really rape.

  187. Accounts don't lie by sgt+scrub · · Score: 1

    but the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products.

    The Swiss should know. The MAFIAA keeps their money in their banks to avoid tax collectors.

    --
    Having to work for a living is the root of all evil.
  188. Re:Digital Product by matthiasvegh · · Score: 1

    This is essentially the last word on the copyright dilemma at this time. It will occur with every digital item, times every downloader, forever until we get Non-Purchase methods of giving value back to the producers.

    What you mean like directly donating to the artists of a product without going through the corporate execs who suck 90% of the profits away? Could that actually be done? Going up to a person and paying them? I think it's a bit farfetched to think us mortals could just pay artists/developers/actors/etc. /sarcasm But seriously. Not purchasing a product != Not paying money for it. The music industry gives ~10% of the revenue to the artists, the rest goes to people who _DO NOT ACTUALLY ADD ANY ARTISTIC VALUE TO IT_ Why would it be moral, much less desirable to pay such leeches? We live in an age, where being an professional artist/developer etc. does not cost significantly more than doing said activity in free time. A keyboardist needs there instrument regardless of whether or not they have a CD on the shelves, and if they can compose music, they will. I for one create electronic music and yet.. noone pays me for it! How could this be? Someone doing something purely because they enjoy doing it? Blasphemy!

  189. Re:Really? by Barefoot+Monkey · · Score: 1

    When NancyBoy the pirate enters the picture, and receives the benefit of ABCD without paying for it, he just stole $1, collectively, from the 10 people who paid to receive benefit. If NancyBoy the pirate had paid, the cost to the 11 benefit receivers would be $10/11 or approx $0.91. NancyBoy the pirate has stolen money, and permanently deprived 10 people of property.

    I can confirm this. I happen to know NancyBoy, so I searched and found an obscure $10 album which had sold precisely 9 copies. I bought a copy myself and later lent it to NancyBoy for a few minutes to make a copy for himself (purely for the sake of science, I assure you. I don't condone this sort of behaviour in general). I then checked my bank balance and - lo and behold - 10c had been deducted from my account.

    I told NancyBoy about the experiment and convinced him to buy a copy legally. I gave him $8.91 which, along with the $1 he had recently acquired somehow, was exactly enough for him to pay for a copy. I checked bank account again and found that it had increased by 9c.

    Anyway, the point is that parent's example checks out, and that copyright infringement is theft rather than a distinct crime/illegal activity in its own right.

    P.S. I keeping the name of the album and artist secret because if the pirates discovered it then it could bankrupt me.

    (P.P.S. apologies to fsckmnky for the tongue-in-cheek reply. BTW, I do know that apologising ruins the effect, but that's just the way I am.)

  190. Not everybody learns about music from the Internet by tepples · · Score: 4, Insightful

    The multiple layers serve a purpose: they promote the product to people who don't live their lives on the Internet. Some genres of music are popular with people who rarely or never listen to music on the Internet. The major labels are especially skilled at getting music into rotation on big corporate FM radio. It just so happens that a recording artist can't have it both ways, both self-promotion on the Internet and label promotion on media other than the Internet, because major labels stipulate exclusive rights to an artist's entire output.

  191. Go away, you're not 21 by tepples · · Score: 1

    selling out smaller venues makes more sense than trying to fill a 30K arena every other night.

    But then that becomes difficult when your music is popular among high school students and college underclassmen, whom the smaller venues won't admit because the smaller venues depend on alcoholic beverage sales. What kind of all-ages concert venue other than these 30K arenas is commonly used?

    1. Re:Go away, you're not 21 by Surt · · Score: 1

      Parks, libraries, community theatres. Plenty of people making money performing in those venues.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Go away, you're not 21 by SighKoPath · · Score: 1

      To add to the list, I've seen a few in coffee shops and independent book stores, too.

    3. Re:Go away, you're not 21 by Xeranar · · Score: 1

      I'm of age, I teach at a smaller university. I used to frequent and still do to some extent awesome small venues. Good small venues don't rely solely on alcohol sales, some of them do all-ages shows with a tiered or sequestered area for alcohol. Also there are plenty of clubs that do weekday shows for great bands that are all-ages and make their money doing weekend clubbing.

      Also the groups that can kill a 30K arena usually don't want to do smaller venues and the smaller venue groups can't fill a 30K arena, it was an example.

  192. ...right... by Anonymous Coward · · Score: 0

    ...anti-usa sentiment runs high... as if any government is altruistic ... (note sarcasm...).

  193. Re:Really? by gl4ss · · Score: 1

    sometimes just creating a controversy is art.

    thus, pirating is art.

    thus pirating is copying that artistic performance without license! double pirates!

    --
    world was created 5 seconds before this post as it is.
  194. Sonny Bono is the problem by tepples · · Score: 1

    ranting about the evils of copyright (but don't you dare steal copyrighted GPL code!)

    I see two differences. First, a lot of the works that copyfighters rant about are old works whose copyright should have expired in their opinion, such as the film Song of the South. United States copyright under the Copyright Act of 1790 lasted 28 years, with a maintenance fee due at the end of the fourteenth. Had the copyright term not been extended four times since then, everything published before 1983 would have entered the public domain. The GNU project didn't even start until 1984.

    Second, if copyright in computer programs were to disappear, all software either would be free or could be made free by college students who disassemble and document software as a hobby.

  195. Re:Really? by Kiuas · · Score: 2

    I cannot speak for everybody, but at least with me your statement is more than true.

    I listen to a wide variety of music, but metal and its extreme forms are my favorite genre overall. And most of the bands I love I would never had heard about if it wasn't for piracy. Bands like that aren't much played on the radio and I as a stundent can't really afford to buy unkown albums to sample them out.

    So, what I do is I pirate much of the works of larger bands that I know are doing well and I support them by paying 50-100 dollars of their concert tickest every once in a while when they happen to come around here and perhaps by buying a t-shirt.

    But the cds that I buy are mostly from smaller, unkown bands that a friend or a friend of a friend has recommended and I have decided they're worth supporting. I also subscribe to Spotify premium which alone costs me 120 euros a year but allows me to listen to thousands of artists on my cellphone (I don't even use my mp3-player anymore). And even thouygh I haven't bought a dvd in over a year, I go to the movies a lot.

    So yes, I pirate a lot of stuff. But despite that and largely because of that I spoend a lot money on music and art in general, I haven't done exact figures but a fair estimate (counting all the cds, concert tickets, plays, movies and so on) would be that in the past year I've spent in between 500-700 euros on art. I'd gladly spend even more, but I can't afford it,

    These (among huge concerns for things like privacy) is also the reason why I am a member and a supporter of the Finnish Pirate Party.

    Just my 2 (euro)cents on the matter.

    --
    "It is the business of the future to be dangerous" -Alfred North Whitehead
  196. Re:Really? by smallfries · · Score: 1

    Indeed. People in general (i.e. on both sides of the debate) tend to forget that we *choose* what kinds of behaviour we wish to encourage, or discourage, as a society based on our natural aversions and beliefs about how those choices will affect us all. There are no absolute moral positions when it comes to copyright as it is an artificial construct designed to produce certain outcomes in society. Either side is capable of losing the argument when they forget that.

    --
    Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  197. Re:Really? by Anonymous Coward · · Score: 1

    My argument is simple: What the hell happened to honest work?

    I go to concerts all the fucking time, and spend a lot of money on them. I haven't bought a single cd/movie/whatever since the 90's. I am a huge Pink Floyd fan, but I haven't paid for even one of their records. Yet I have just purchased tickets to go see Roger Waters. I paid roughly 500 dollars for a front row ticket. You can purchase their entire discography and then some with that money.

    I go to concerts and to the movies, I go to the theater. I pay for actual work, and actual value. I'm not going to pay for bits.

    And I live by those same values. I have a software development company. We sell actual custom-made hardware with our products in it, and turn-key solutions. Abakus is our ERP software. You can download it for free under the GNU/GPL3. You can also purchase a beautiful acrylic box that comes with Abakus preinstalled, or pay monthly for our cloud-hosted solution.

    The reason we are seeing this battle is that if you go to concerts the artists get paid. If you purchase a disk, the money goes to the RIAA.

  198. Re:Really? by Barefoot+Monkey · · Score: 2

    There are 3 basic classes of consumers, not 2.

    1. Those who pay for software, and use it.

    2. Those who pirate software, but would pay for it if they couldn't pirate it.

    3. Those who pirate software, but would not otherwise pay for it.

    #3 seems to be what the Swiss decision is based on.

    I agree to an extent, but that that list is not exhaustive. I can think of a few more off the top of my head:

    4. Those who pirate the software and pay for it, but would not otherwise have paid for it

    5. Those who pirate the software and pay for it, but would have paid for it anyway

    6a. Those who pay for software but don't use it except to make and sell illegal copies

    6b. Those who make and sell illegal copies without having paid

    6c. Customers of #6a and #6b (special cases of #2 and #3, some of whom believe to belong to #1)

    I have a vague, unsubstantiated suspicion that, excluding #6c, #2 is vastly overestimated; and that #4 and #5 may in fact collectively exceed #1.

  199. What is net present value of Song of the South? by tepples · · Score: 1

    Also, you haven't really quantified the matter of 'do not have the protections of copyright'. At what point do you feel that this happens?

    I expect copyright to expire no later than when the net present value of the future revenue that the copyright owner expects to realize from the sale of copies becomes negligible, when considered along with the typical market performance of the medium. For example, movies and video games do most of their sales in the first year, so what is the net present value of future revenue from the film Song of the South or the video game Earthbound?

    1. Re:What is net present value of Song of the South? by king+neckbeard · · Score: 1

      That's a rather difficult period to assess, and it looks at things from the wrong angle. Negligible isn't clearly defined, and can vary greatly over time as well as how you slice 'typical.' More importantly, it has nothing to do with what is best for the public, which is the most favorable output of works for input of liberties waived.

      --
      This is my signature. There are many like it, but this one is mine.
  200. Re:Not everybody learns about music from the Inter by Garybaldy · · Score: 0

    In the recording industry, not so much. The labels don't pay for anything. They give the artists a "loan" which consists of all of which you mentioned and more. Which the artist have to pay back. On top of that the labels get a majority percentage of each sale. So the labels put out none of there own money. Being a label is pure profit.

  201. Re:Really? by tepples · · Score: 1

    we *choose* what kinds of behaviour we wish to encourage

    No, the MPAA-owned* news channels choose for us by choosing which candidates for federal office are deemed electable, and the MPAA-owned news channels choose what kinds of behavior we are even aware of when we step into the voting booth. Copyright expands because it benefits the owners of the medium by which people learn about the officials who expand copyright.

    * And foreign counterparts.

  202. Published vs. unpublished information by tepples · · Score: 1

    Information that has previously been published "wants to be free". The only use I can see for publishing someone's banking or tax identification number is to make fraudulent use of someone's identity.

  203. swim or die by Anonymous Coward · · Score: 0

    I am of the firm belief that it is the media companies' obligation to adapt to the modern world. Their dinosaur-age business model has no place in a society where digital information flows free-er than water. Plus, aside from what Sony, Universal or Warner would like you to think, for every Lil Wayne there are 20 talented artists out there willing to provide their entertainment for little to no money.

  204. Zero miles of wear and tear = not stealing by tepples · · Score: 1

    So if you go on holidays, and I take your car without permission, but return it before you get back, then it's not stealing?

    If you managed to use zero fuel and put zero miles of wear and tear on it and to return it before I wanted to use it next, then I probably wouldn't call it stealing.

    or if you have sex with a women while she's passed out drunk, it's not really rape.

    I don't have the time at this second to go into a full analysis of date rapes assisted by alcohol and/or flunitrazepam. But for one thing, a chance of spreading VD (sexually transmitted infections) and one's seed is still rape.

  205. Re:Not everybody learns about music from the Inter by tepples · · Score: 1

    So how would one get a recording onto FM radio without the help of these usurious lenders?

  206. Re:Really? by EsbenMoseHansen · · Score: 1

    its stealing either way

    Okay, seriously: no, it is not. Copyright infringement is not theft. "Piracy," in the sense you're using the word, is not theft. And anyone who says it is has shown that they have nothing meaningful to say on the subject.

    That would be a straw man. The grandparent didn't claim it was theft. He claimed it was stealing. I checked a couple of online dictionaries, and they all contain something like this:

    to appropriate (ideas, credit, words, etc.) without right or acknowledgment.

    Clearly, the grandparent feel someone is appropriating words or music without right.

    You are completely right about the missing apostrophe; however, that rule is so unintuitive that I'll forgive anyone for giving it a miss :)

    Personally, I am no fan of the current copyright situation, but that is a separate matter.

    --
    Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
  207. Re:Not everybody learns about music from the Inter by Garybaldy · · Score: 0

    You have to find an independent station which now days is much more difficult. Or College/high school station.

  208. Dont screw with switzerland by voss · · Score: 1

    They are the real bankers(not funny money bank of america), they have 1200 tons of gold backing their currency (enough to back 20% of their currency) and their adult males keep fully automatic rifles at home. They also have direct democracy and really awesome fondue...did i also mention they have universal healthcare.

  209. Re:Really? by Anonymous Coward · · Score: 0

    Yup you tell im bro. Me I'm just waitin for the next flud so I canz liverate all dem TV at da bEst bY witch haz my NAMEZ all over dem. Day calz it lute so I goona get my lute by what elz but luting!?!? Me an uz R DA COOLIST/!

  210. Thank You Swiss People!!!! by glorybe · · Score: 0

    Essentially if one nation allows copying it sort of opens up the issue for the entire world. Obviously all kinds of people in Switzerland will be posting what is now declared legal materials and that should cause huge legal issues in other nations. The folks that made Toy Story may feel one way but it is very hard to argue that a guy sitting in the US downloaded from Switzerland an item considered perfectly legal to copy. There simply has to be some serious legal conflict in downloading an item from a nation that says it is legal to copy it and copying the same material from a nation that declares that it is illegal. This issue gets funny at times. Cartoons could focus on this issue.

  211. Re:Really? by purpledinoz · · Score: 1

    Don't you get it? Every time a song is copied, someone loses money. No wonder we have a financial crisis!

  212. uhm.... by Anonymous Coward · · Score: 0

    Uhm.... okay whatever I think I understand what they're saying.... but.....

    in the light of things I don't think I've bought a movie in more the three years, (about a year since I've stepped foot inside a movie theater) I listen to the radio not cd's..... the one thing I have bought are computer games BUT those have been from discount stores or from thrift stores. So here's my thing: What about that? Okay one person buys ONE game, decides they don't like it and donates it to a thrift store (remember also donating to a thrift store is able to be listed on yours taxes so here that person that bought the game in the first place might have made money off that game themselves) anyways... here I come and buy it from the thrift store... the artist/whoever doesn't get anything from that.

    Not to mention the ever wonderful FREE library where you can rent for FREE books (I don't re read novels, so really who do I buy any books?) DVD's (again hardly EVER rewatch a movie, kinda boring knowing how it ends) and CD's. And actually at my library (I don't know if others do) you can actually rent some computer games. So..... where's the money that went to the artist with those MANY people that borrowed the book/dvd/CD?

  213. Re:Really? by smallfries · · Score: 1

    Far harsher systems of control have been overthrown by those who chose not to go along with them.

    --
    Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  214. Re:Really? by Anonymous Coward · · Score: 0

    I wish slashdot would add in customizable filters to handle just such cases.

    IF ( $summary LIKE '%copyright%' AND $postBody LIKE '%stealing%' ) THEN $postModifier = -4

    Slashcoders, are you watching? :)

  215. Re:Really? by dissy · · Score: 1

    Actually I didn't know about the https setup.

    Oddly however, when I go to https://slashdot.org it redirects me to the http:// URL.

    I even allowed slashdot in NoScript just in case, and still get the same behavior.

    FireFox 3.6 still (Since the firefox v6-8 listing of my plug ins that are now incompatible is longer than the v8 feature list)
    Same in IE 9 with no add ins, although I never signed in my account from IE.

    Is the SSL site still in testing/beta or something?

  216. Normal, for the Swiss by Theaetetus · · Score: 1
    Approximately a hundred years ago, the Swiss signed the Paris Convention for patents, which required that each signatory country treat foreign citizens applying for patents equally with their own citizens. In other words, any patent protections you grant to your own inventors, you have to make available for foreign inventors.

    The Swiss, realizing that they didn't have many resident inventors, but were next door to Germany, signed the treaty... and then gave no patent protection to their own inventors. Or any others.

    That lasted for a few years until Germany got really angry and threatened to cut off trade.

  217. Re:Really? by dissy · · Score: 1

    You are permanently depriving them of the time it took to produce the software, and their right to get paid for producing the software.

    So you are claiming that since I have no need for your software, will not be using your software, will not be downloading or installing your software... That I am a theif because I deprived you of your time spent making it, and your right to make money by producing software?

    In that case you owe me a few million dollars.

    I just now wrote a Hello World program, and it's price I just set to 10 million.
    You state I have a RIGHT to be paid for this.

    You best pay up, before I sue you for depriving me of my right to make money off my software., and for you stealing my time I spent writing it.

    What? You don't want to pay me for the software you already said I have a RIGHT to be paid for, despite you not wanting it?
    Even after you claim you MUST compensate me for my time?

    Hypocritical criminal scum.

  218. Re:Really? by AgileGuru · · Score: 1

    I can accept that stealing might not be the correct term. But the concept of ownership of some type of knowledge or art seems reasonable to me and I think to most people in our societies. If I try to sell a piece of fake art as if it were an original of some other artist, that's fraud and it's seen as something that harms someone in some way. If I sneak into a theater without paying, people consider that something along the lines of stealing, even if the play isn't sold out and I've not actually bumped a paying customer out of their seat.

    In the end I think it's a matter of finding the right balance that works for the greatest good of everyone in our society. Copyright attempts to encourage innovation so that society in general can benefit from that innovation. We certainly have received the benefits of that innovation. I'm sure that it's gone too far in many cases (patent trolls, seemingly endless copyrights), but it certainly seems better than the bad old days of the jealously guarded secrets of the trade guilds where that knowledge was kept secret as a way of protecting their financial interests.

    Just my 2c

  219. Re:Really? by Luckyo · · Score: 1

    The point of monopoly claim is for that this specific implementation of autocad you're distributing. Your copyright is your monopoly to distribute and permit distribution of copies. No one but copyright owner can do this according to copyright laws. That is the basis of copyright - monopoly.

    This really is completely unarguable. It's a simple fact. What you should be arguing is a far more defensible position of "my monopoly is created as means to generate profit from my work, and if I didn't have this profit I would have no incentive to get the work done in the first place". This direction of argument reduces the argument to rather idealistic points of view of "right to profit" vs "right to knowledge". Historically humanity needed BOTH to advance, which means that a balance between the two will have to be found.

  220. Re:Really? by Sique · · Score: 1

    No, that's just another way to describe the so called "intrinsic value" - it's the effort you have to put in to create yet another copy of a product.
    While for instance the effort you have to put in to create yet another car is still high, even if you have all the documentation, and all the tools, because the steel and alloy, the plastics and electronics cost money, and it's still a labour intensive task to mount them together to get a working car, the intrinsic value of yet another copy of a 3:20 min track of music is very low, because the effort to create said copy is approaching (but still not reaching) zero.

    Economic theory yields that every product, given enough copies are made and asked for, will be valued in the long term with its intrinsic value.

    --
    .sig: Sique *sigh*
  221. Re:Really? by Sique · · Score: 1

    The information Carrier IQ tracks is not published. So no - collecting information and not sharing them with the public is not ok. Collecting information and keeping them secret to get an advantage against all the others not having those information is not ok either.

    --
    .sig: Sique *sigh*
  222. Re:Not everybody learns about music from the Inter by Anonymous Coward · · Score: 0

    Does FM radio even matter anymore? We've got all sorts of music streaming services. Most of what I hear on FM radio is either pop/corporate crap or oldies. So to answer my question, no. FM radio doesn't matter. It's totally irrelevant.

  223. Internet radio in the car requires a data plan by tepples · · Score: 1

    Does FM radio even matter anymore?

    Yes, because it works in a car or bus.

    We've got all sorts of music streaming services.

    Which don't work in the car unless you subscribe to an expensive data plan. Some genres of music are more popular among people who don't use smartphones. Or should all independent recording artists switch to genres currently popular among the iPhone/Droid set?

  224. Re:Really? by Anonymous Coward · · Score: 0
  225. Yup. A better way to tackle lost revenue is... by Anonymous Coward · · Score: 0

    to make sure people have a decent standard of living without living in debt. American piracy has skyrocketed, but the annual salary per worker in America keeps dropping, the percentage of the working-age population employed keeps dropping. So what do people who don't have money to enjoy entertainment do? They pirate. They may still pirate if they have money, but they'll also have money to spend on products to reward the artists and filmmakers they liked. Americans get paid less and less, jobs keep getting cut, music and movie sales drop, but they only blame piracy.

  226. Re:Really? by fsckmnky · · Score: 1

    The scarcity created by copyright is artificial

    The scarcity is not created by copyright. X amount of real, scarce, food, clothing, water, housing, and computers, are required to create a digital work. This expense is born by the author of said digital work. Copyright serves to allow said author to recoup this very real expense.

    People who claim "It's digital, I can just copy and share it at no cost." fail to finish the statement. The complete statement is "It's digital, I can jut copy and share it at no cost to me. Screw the author and his expense for creating the original copy."

  227. Re:Not everybody learns about music from the Inter by Em+Adespoton · · Score: 1

    The multiple layers serve a purpose: they promote the product to people who don't live their lives on the Internet.

    ...and so why are people who live their lives on the internet having to pay for this, exactly? The majority of people consuming this type of entertainment DO live their lives via social media these days. For those few who still listen to the radio and then go buy the music in a B&M store, wouldn't it make MORE sense to level the playing field, and prevent the radio lock-in and payola corruption we currently have in place? After all, it's that payola you're arguing to protect. You're saying that self-promotion won't work because these big labels have a racket going that's funded by the current model that prevents it.

    Instead of protecting the racket, doesn't it make more sense to fix the problem?

    Of course, the labels (big and indy) do more than just get your music on the airwaves... they also do strategic market integration, organise and coordinate global release schedules, bring together visual, audio, written and performing artists, etc. But they do this as a paid service. They could still offer these services to artists without requiring lock-in (you don't buy the entire package from us with this glitzy cash advance, you don't get nuthin') like they do today. This isn't acceptable in any other form of business, and in the tech industry, many companies have been taken to task for doing exactly this.

  228. Re:Really? by bzipitidoo · · Score: 1

    Your point about murder, and your assertion that morals are all relative, makes the same sort of mistake the copyright extremists make. You've simplified the argument too much and made an equivalence between things that aren't equivalent at all. Yes indeed, both murder and copying are easy to commit, the first time. We all must sleep sometime. It is even easier to cut off your own hand, or commit suicide. But there, the similarities end. Unlike copying, murder is not easy to get away with. Nor is it so easy to make a net profit from murder. Hardest of all is to make a business of it, to do it repeatedly, for gain. The easiest people to murder are the ones who trust you. But they are members of your group, and they will no longer be able to contribute to the welfare of same, so you've suffered a clear loss, whatever the deed gained you. And for so long as you are suspected, you will not be trusted, by anyone, which is a huge, huge hit to your welfare, as well as the opportunity to commit murder again. We didn't really choose to be this way. Evolution has shaped us so. Anyone who trusts a known murderer is likely to become a candidate for a Darwin Award. The universe does not make prevention so easy. It's rather like karma. The chickens will come home to roost.

    A better comparison is between copying and sex. From time to time, authorities have attempted to regulate sex in various ways. They've ranged from the ridiculous and unenforceable such as anti-sodomy laws, to China's one child policy, which is not a law against sex per se, but only a consequence of sex, and one that cannot be easily denied, which makes the law enforceable. Copying is even easier to commit and harder to enforce against than sex. Two people can have sex, and if they keep it private and don't tell, no one else will ever know unless there are consequences such as a baby or a debilitating disease. Copying has no equivalent consequences.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  229. Re:Downloading, not uploading: Yes, but... by misexistentialist · · Score: 1

    The general interest can tip the other way due to external pressure, however. It isn't just a change of conscience that is making the Swiss change banking privacy laws to help the US collect taxes.

  230. Re:Really? by king+neckbeard · · Score: 1

    Yes, the scarcity of copies of a work is created by copyright. That's why endless copies of a work can be made. If I were so inclined, I could literally make a million copies of my 'Free as in Freedom' PDF on my computer. You can argue that artificially making copies of a work is justified under certain conditions, but the scarcity is completely artificial.

    Again, let's look at things before the printing press. There was no real regulation of producing copies. If I owned a copy and had the ability or resources to pay someone else to, I could make and distribute more copies as I pleased and nobody would date accuse me of wrongdoing. There was no artificial scarcity, and the limits of making copies were due to a limited number of scribes only being capable of a limited amount of output. The change the printing press brought wasn't on the author's side, but rather, on the scribe's side, so nothing would inherently change for the author like it did for the scribe.

    --
    This is my signature. There are many like it, but this one is mine.
  231. Re:Really? by fsckmnky · · Score: 1

    You are ignoring the very real scarcity of the original copy. In doing so, you are saying "the creations of artists, authors, and software engineers have no value, therefore, I an entitled to them." Free as in freedom is fine, so long as the creator has granted you those rights. Free as in you did what you want regardless of law, or the rights of the creator, is just another "I am entitled to your work" socialist taker argument.

  232. Re:Really? by Anonymous Coward · · Score: 0

    Instead of attacking me personally why don't you explain it better then? You can't, you're stuck in some bullshit world where a physical product has the same equivalency as an idea, realized or not. You just don't get it.

    If I steal your car I deprive you of your car.
    If I copy your car I deprive you of nothing, you can still drive your car.
    If I steal your food I deprive you of your food.
    If I copy your food I deprive you of nothing, you can still eat your food.
    If I steal your DVD collection I deprive you of your DVD collection.
    If I copy your DVD collection I deprive you of nothing, you can still use your DVD collection.

    Are you getting it yet? Are you?

    So how about some more examples:

    If you enter a restaurant and read a newspaper left behind by a previous patron and do not immediately purchase a copy for yourself afterward, you are depriving the publisher of their property.
    If you read a magazine in a doctor's office and do not immediately purchase a copy for yourself afterward, you are depriving the editors of their property.
    If you listen to the radio and do not immediately download all the tracks you heard from iTunes (or equivalent), you are depriving the artists of their property.
    If you go the library and borrow a book and do not immediately go and purchase a copy for yourself afterward, you are depriving the author of their property.
    If you go to the record store and buy a used CD, you are depriving the artist of their property.
    If you go to the games store and buy a used game, you are depriving the developer of their property.

    These are essentially your arguments extrapolated based on a number of comments you'd made on this topic. If my examples aren't based in reality I'd just love for you to point out where they fail. Explain it to me. Please, explain to me how people deriving benefits from something they didn't pay for, something most everyone does every day, suddenly becomes a huge issue were we to attach "with a computer" to it?

  233. Re:Really? by king+neckbeard · · Score: 1

    You said entitled twice and brought up socialism. It's quite clear you are an idiot behind help, and this conversation won't go anywhere productive. I kindly ask, that, as an author myself, you quit trying to make authors look like jackasses.

    --
    This is my signature. There are many like it, but this one is mine.
  234. Re:Someone finally gets it -- not really by hidispenser · · Score: 1

    . Most of the time, the amount of what people spend on entertainment is constant. When they can pirate films and music for free, they will spend the remainder to go to cinemas and concerts.

    I don't buy this argument at all. One's time is constant! If you spend your 6 hours of daily free time watching pirated material, you have no time to watch legally purchased material, therefore you will likely NOT buy as much legal material. If you're play a new pirated game every month, when do you have time to play legally purchased ones? The user will instinctively know that their "plate is full" already and likely have no desire to buy as many, or any, legal games since they are already overloaded with media. Furthermore, maybe there are only 4-5 games annually that will excite a given gamer... if they are all pirated, then there's nothing LEFT to buy. If he spends that money on DVDs instead, how does that help the game developers who worked hard creating? How can people be lumping "media" and calling that fair. Truly ridiculous.

  235. Re:Really? by b4dc0d3r · · Score: 1

    Copyright holders had a contract with ALL OF US

    That ended well before you think it did. If people thought they could wait out copyright and download anything from 1983 or earlier without legal problems, and most stuff from 1997 or earlier, we might be more honest. And the industry wouldn't be so mind-bogglingly afraid of the internet becuase they would have incentive to create new works for revenue, not mine 70 year old material for rent seeking. But we'll never know how that changes things.

    The contract was a one-sided EULA negotiated on our behalf without our consent, and I did not ratify it. Indefinite extensions make the copyright term effectively unlimited, especially for a normal person's lifetime, and therefore unconstitutional. Also, I don't see music and movies covered anywhere, but eBooks are, according to the original word.

    Some terms in the clause are used in archaic meanings, potentially confusing modern readers. For example, "useful Arts" does not refer to artistic endeavors, but rather to the work of artisans, people skilled in a manufacturing craft; "Science" is not limited to fields of modern scientific inquiry, but to all knowledge, including philosophy and literature.

    http://en.wikipedia.org/wiki/Copyright_Clause

    I am following the legal law of the land, unconstitutional laws be damned.

  236. From Russia with love. by Anonymous Coward · · Score: 0

    Commies. We need new technology to ensure stuff gets paid for.
    Masses are never right. Period.

  237. Re:Really? by Anonymous Coward · · Score: 0

    Exactly. And if 25% of men in South African admit to raping someone, well, why would the government that represents those people want to make it illegal?
     

    BBC News: South African rape survey shock

    One in four South African men questioned in a survey said they had raped someone, and nearly half of them admitted more than one attack. The study, by the country's Medical Research Council, also found three out of four who admitted rape had attacked for the first time during their teens. It said practices such as gang rape were common because they were considered a form of male bonding.

    http://news.bbc.co.uk/2/hi/8107039.stm

  238. Learn to read by Anonymous Coward · · Score: 0

    Look who is the ignorant calling others stupid. He said in Denmark, which is not the Netherlands. I have also seen people leave strollers outside of stores there (especially bakeries), a lot. Also, take this from an American who has been living in Europe for ten years: if you lose your job in Europe, you are nowhere near as fucked as an American. Americans without work fucking starve on the street. Do you understand that? If you have no job, no friends, you fucking die.

    I have been unemployed in Belgium. The state gave us almost 1000 Euro a month, and guaranteed our apartment. Our landlord could not evict us even though we could not pay (the state paid him about 70% directly). In the US, I would have been in my mom's basement, except that she died 4 years ago. My kids would have been taken by CPS. Yeah, if you lose your job here, you are pretty fucked, but nowhere near as fucked as an American.

    You have a social system. Appreciate it.

  239. Re:Really? by prowler1 · · Score: 1

    I worked at a company where it turned out the office supplies manager was previously a drummer for a band which had had a number of songs in the Australian top 40, basically what the public would classify a band which was relatively successful.

    I asked him why he stopped. Simply put, the hours where long and crap, he was away from family and friends for months on end touring over seas and well, he got better money being an office supply manager. The amount of money that manages to get through to the average 'successful' band is pretty pitiful all things considering due to the amount of money the record companies and the *AA organisations take off the top is pretty crazy and is the main cause for the lack of money getting through to the average artist.

    With that said, having fans tell him that they downloaded his bands music and thought it was great was very annoying for the obvious reasons.

  240. Re:Digital Product by Em+Adespoton · · Score: 1

    This is essentially the last word on the copyright dilemma at this time. It will occur with every digital item, times every downloader, forever until we get Non-Purchase methods of giving value back to the producers.

    I hate to break it to you, but we already have non-purchase (and pre-production) methods of giving value back to the producers. The only impediments to using these methods across the board are vested interests who are locked into the current purchase methods and don't want to take the hit on their currently functioning-very-well-thank-you-very-much business model. They already have enough power and clout that they're finding methods of perpetuating their model which are in turn affecting our social structure, such that the argument you made actually makes sense to a lot of people... and they never realise all the assumptions the argument's conclusions ride on.

    The entire concept of "forcing me to delay my revenue at your whim" shows how far our society has shifted. In MOST lines of work, we ask for a contract that guarantees revenue in an on-going basis. Even contract work generally doesn't wait until the contract is completed before all "debts" are called in.

    Believe it or not, I work in an industry that produces no physical product, similar to the entertainment industry. The results of my work are sold to millions of people, and my company makes a nice profit. However, society at large also benefits from my work, and a lot of the core information generated by my work enters the public domain daily.

    Why does this work? Because if I stopped producing intellectual property today, all the work I did in the past would eventually lose relevance in the current cultural space. Unless society is stagnant, there is a continual demand for new ideas and new implementations of old ideas.

    Something else to remember: the entire concept of purchasing and product value is a fabrication. If people find that they make less money based on what they do, they have to personally decide if it is worth doing that. If they decide it's worth doing, that means they'll be contributing product into their society with fewer demands on society, so society as a whole benefits. If they decide it's not worth doing (for example, I've never sold any music for personal profit despite the fact that I'm a fairly decent musician), they can choose to produce for some other reason, or choose to do something else with their free and not-free time.

    The reason we have inflation in western society is that there is a gap between actual value of work and the amount being paid to certain segments. Since this gap has to be filled from somewhere, it is usually filled by devaluing the currency of the other market segments... in essence, stealing from the balanced segments to prop up the inflated segments.

    Getting back to my point... the common reason a producer of intellectual goods sets, say $20 as the value they're willing to charge for a product is that that's the top value they feel they need to be enriched by that the market will bear. If the next guy over is selling a similar game for 99 cents, and so is the guy beside him, the average cost in that segment is significantly lower, and the guy charging $20 is going to find that the market won't bear the price. Propping up that price effectively skews the market segment and causes inflation -- he is in fact stealing from society at large to attempt to gain an advantage.

    Society's response is to: give him the advantage (happens all the time) and let everyone else cover the discrepancy in order to enrich society with the products of his work, ignore his demands and take the product at or below market value (also happens all the time) toward the same ends, or ignore the product altogether, thus resulting in a lot of effort that a single person is hoarding from society as a whole, as they've produced a work based on those who came before them, and then given none of the results back to society to enrich it.

    The

  241. Re:Not surprising by Anonymous Coward · · Score: 0

    shits on the entertainment business which employees lots of creative and productive individuals.

    True, but practically all of the creative individuals you mention are the accountants that shit on the actual artists.

    What were the creative individuals he mentioned again? He didn't mention any specifically. But this comment still got voted up as "insightful"? Only in a pro-piracy community would such a hollow non-rebuttal get voted up.

  242. Re:Really? by Em+Adespoton · · Score: 1

    A painter also will not be able to paint one house and then get money for the rest of his life while doing nothing.

    Depends on the painter and the house... if the paint job becomes famous and he charges people to view it, he could indeed get money for the rest of his life while doing nothing.

    Of course, the more likely result would be that someone else would charge people to view it and make money for the rest of their life while doing not much (eg. Sistine Chapel).

    Just saying ;)

  243. Re:Really? by symbolset · · Score: 1

    In my link I put the trailing "." on the hostname. That's an error. Try again without the trailing ., as it messes with some browsers' certificate authentication.

    --
    Help stamp out iliturcy.
  244. Copyright tax by Cherubim1 · · Score: 1

    I suspect various governments around the world will bow to the vested interests of media companies and introduce a copyright tax/levy on all entertainment products. The big issue is just how much of the revenue obtained from such an indirect tax would go the government and how much would go the media companies.

  245. Re:Downloading, not uploading: Yes, but... by Anonymous Coward · · Score: 0

    Majority of the people used to be able to get away with murder before we had society.

  246. Swiss Hoster raided by German Copyright Police by Anonymous Coward · · Score: 0

    I guess we shouldn't be that fast...

    One target was a hosting firm located in Switzerland.

  247. Re:Really? by BeefMcHuge · · Score: 1

    You must be retarded or something. Every time I make a point you reply with "well if I stole this physical good then..." and that argument is completely different then anything related to software and digital goods. I'm going to say this one more time even though it will most likely do no good because you seem to not be able to even process basic information well enough to even understand the argument. Say I have enough money to buy food, I spend it on food. I have no money left over. I cant buy your product even if I wanted to. Your not going to get money from me regardless if I want to pay it or not. Because the software is digital I download it. It COSTS NOTHING to you and you would never get money from me ever because I don't have that money to give. You still have your item and now I have one and the only cost copying it was for me to pay power and storage. You lost no money because I downloaded the software and you would never get any money from me doing so. Your going to develop the software regardless if I download it or not because any good business man knows their target market and if I don't have the ability to pay i'm not in that target market ( if you develop software for people who cant pay your not going to make any money in the first place). Your not banking on selling the software to me because you know I cant pay. You have lost nothing and I have gained something. If you cant understand this example then I hope you and people like you die off fast so the rest of us can work for a better world without people like you fucking it up and slowing down progress.

  248. Re:Really? by BeefMcHuge · · Score: 1

    You must know nothing about business. Software development is a sunk cost. Your never going to get that money back. By your logic once the cost of development is covered the software should be free right?

  249. Re:Digital Product by BeefMcHuge · · Score: 1

    Now we get to you and your 200. Your mistake above was that we start with you at the beginning of your purchase cycle. You know about my game, you have 200 to spend... and you decide that my game is not worth spending it on to you. However, you still want to play it. (Since it's the "zero" that does strange things to lots of equation, let's say it's "worth a penny" that you dig up off the floor of your car.) You're now essentially walking up to me with the following theoretical conversation: "Hi. I want to play your game. How much?" "Hi. My price is $20." "Hmm. Nah, I don't want to pay that." "Okay. Have a nice day." "No, I'm going to play it anyway. I copied my friend's CD." "So when do I get my $20?" "I dunno, I don't care. I'll tell a couple buddies, maybe they will buy a copy. I'm going to go play now, bye."

    The problem with that argument is that if I was never going to buy it its still not a lost sale (you were not getting my 20 regardless). The strength if that argument is that maybe if I did not have the option of downloading I would buy it. This is where I think the way digital goods are sold could change to make buying something i wanted more likely. As many people have pointed out (and something I know iv done) they download something to try it first. The problem with that is once you have it downloaded its easy to say "well ill buy the next one because I have something else I can spend that money on right now". I think part of the cause for this is because you cannot return software (games especially). If I buy a board game and it does not live up to my expectations I can return it. If I buy a shitty game (DNF is a prime example) i'm stuck with it. Most games don't release demos anymore and even if they do they only show the parts that are decent.

    Gabe Newell pointed out recently that price does not make a huge difference for pirates and its more that its harder to buy stuff then it is to download it. While I don't agree with that completely it does have a lot of truth to it. There is a lot of risk related to buying a game, it might suck and im still going to be stuck with a shitty product that was not what was advertised. If you make a shitty physical product and everyone who buys it returns it your going out of business any make no money. If you make a shitty game and advertise the shit out of it your going to make money (you might not make another game but you will already have the cash you got from that first shitty game), and something is wrong with that system.

  250. Re:Really? by TFAFalcon · · Score: 1

    So if the law says it's ok, then it's not stealing. So you can no longer equate software piracy and stealing in Switzerland.

  251. Re:Really? by cavreader · · Score: 1

    Artist of old also received "stipends" or "commissions" for the work they produced. And everyone clamoring for free music and films seem to forget there is already a mechanism in place to obtain these songs and movies. It's commonly referred to as radio or TV. Before the Internet people recorded from these mediums for free. That ability still exists. And how would someone be able to justify investing millions of dollars to create a film and then have it eleased for free to anyone who wants to copy it? How would musicians justify spending money on professional recording studios and instruments if they know the end product is going to be instantly free to anyone who wants it?

  252. Re:Really? by shutdown+-p+now · · Score: 1

    Yup. Precisely. Copyright is government enforced monopoly.

    All property, in general, is government enforced monopoly. There's probably a car parked outside of your house that you think as "yours". The only reason why someone can't just get inside and drive away - making it "his" - is because we, as a society, have decided that it's a bad idea, and have granted you the right to claim that car as your possession and to restrict other people from using it - i.e. a "monopoly" on that particular car - and provide the force that is necessary to enforce said right.

    The only way in which copyright (and patents, trademarks etc) is different from the arrangement above is that it's much harder to enforce. At that point, yes, we have to come up with some pragmatic way of making it all work for everyone involved, just as you say. But there's no fundamental difference regarding the nature of arrangement, or the moral and ethical implications of breaking it. It's pure social contract in both cases.

  253. Re:Downloading, not uploading: Yes, but... by swillden · · Score: 1

    when the majority of the people is found to be infringing some law, that law was likely to be biased against the general interest.

    This!

    If the majority of the population breaks a law regularly, it's the law that's wrong.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  254. Re:Really? by lsatenstein · · Score: 1

    If I go to the library and take out a DVD for viewing (all the DVDs I want from the local library for $25/yr.

    I can make a copy, I can watch and renew the lib loan as long as there is no reserve for the book. I think this the same as a book. I recognize the author or copyright holder does not make money on my borrowing, but in some cases the library buys additional dvds with my annual fee.

    So, I think that as long as I don't resell the material, it is OK. You say not? Well, I can buy a DVD and lend it to many friends, or have a beer party and have many friends watch the same movie.

    What is right??

    --
    Leslie Satenstein Montreal Quebec Canada
  255. Who is the buyer? by ancientt · · Score: 1

    It is producing a product of value in exchange for payment, same as any other service or product produced.

    Slight quibble, with most goods or services, you sell them and when the sale is complete, you have no right to determine what is done with them by the buyer afterwards. Your examples of crops, cars, gold, and houses all are yours to sell at any price or give away after the sale is complete.

    That isn't to say that you are wrong about the fairness of it. Copyright is an attempt to treat information as a product and ignoring it means that the work produced with the expectation of copyright protection is devalued when that protection isn't given. Switzerland has chosen not to extend protection that is offered in many other places. It may be that artists and craftsmen there will choose to produce work only if they are granted fair compensation before releasing their work, and that could end up making the artists more money than they would elsewhere, thus making it a Mecca for the aspiring artist. Where else can you go and demand fair payment before release? On the other hand, a global market may mean that it is simply more cost efficient to import (piracy included) work from outside, thus eliminating the incentive to produce there.

    As a software writer (albeit minuscule) I can certainly appreciate the draw of producing work based on what it might be worth to the buyer rather than hoping that other people will choose to pay later. I'd rather have a clear cut contract to produce a software product that does X in exchange for Y, than producing X hoping that Y^n will come to pass.

    As a side note, this is what SaaS is all about and why I believe it has started becoming so popular. When you use a hosted service (as we do in my professional life) you aren't paying for the right to use X software so much as you are for using X services for a period of time. Napster is a perfect example of a SaaS gone wrong and there is much to learn from it. What if Napster had chosen/had to pay the artists up front for distribution and the method had been just a part of the business model? Metallica and Madona could have made a huge sum of money by licensing their work for distribution through Napster if they'd received a gross fee based on trends. If Napster had done this then it might be a big player today instead of a historical footnote.

    "Give me product to distribute, and if it does well, I'll pay you Y per instance."
    "No, you figure out what it is worth to have X and pay me that, and THEN I'll give it to you."
    Which one is fair? It seems that Switzerland is banking on it being the second.

    I am the son of a farmer. I've never observed my father to receive payment after he sold his crop because people bought it or failed to receive payment after he sold it because it wasn't distributed well later.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  256. Re:Really? by fsckmnky · · Score: 1

    You can have the benefits of my labor for free when you pry them from my cold dead hands.

  257. Re:Really? by dave87656 · · Score: 1

    That was my thought, too, at least generally. I think if you create something and you want compensation for its use, you should be able to expect that.

    Where I have a problem with the whole thing is organizations like the RIAA suing for millions when someone does download songs or a movie. If I walk into a store and steal a DVD and get caught, I get fined a few hundred perhaps. But not millions.

    I have even more of a problem with GEMA, the German equivalent of the RIAA. They not only think they own the music of commercial artists, they think they own all music. So, if I play my own music that I wrote in a local bar, they still require me to pay them (according to a musician I spoke with recently). I personally think the RIAA and the GEMA should be declared illegal and music theft be handled just like any other theft. If they find you "stole" music and there is proof of it, you should pay a fine commensurate with the same fine you'd pay if you shoplifted and be done with it.

  258. Re:Really? by Eivind+Eklund · · Score: 1

    That move the risk to people that have a much harder time evaluating it, and incur insane transaction costs. It is significantly easier to evaluate "Do I want to pay for specific software X that let me do Y today" than "Will the software that this write in five years be what I need in five years? Will this guy even be able to write software?"

    So due to the transaction costs, it is not better for society, though I think you're right that it would be if there were no transaction costs.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  259. Re:Really? by turbidostato · · Score: 1

    "So due to the transaction costs, it is not better for society"

    It seems you are implying that when the risk is in the side of the producer there're not costs for society. Bad news: the costs are exactly the same since a failed project is a failed project anyway.

    But the basis of marketplace-like capitalism is that both producers and consumers are perfectly informed of their options which is less the case when there are production efforts that are invisible for the consumer. Add to this that the "trick" for license-based business is that while the production costs are bounded, benefits are not. That's what allowed to the owners of the software giants from the eighties-nineties to become some of the richest people of the world in record time spans. Whenever you see net benefits going well over 100% you can bet capitalism is not working as expected and society as a whole has a worse deal.

  260. kenan by Anonymous Coward · · Score: 0

    www.firmarehber1.com

  261. Re:Really? by ancientt · · Score: 1

    M: An argument isn't just contradiction.
    A: It can be.
    M: No it can't. An argument is a connected series of statements intended to establish a proposition.
    A: No it isn't.
    http://www.youtube.com/watch?v=kQFKtI6gn9Y

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  262. thank you for the sanity by Anonymous Coward · · Score: 0

    i will buy some of your cheese this week

  263. Re:Downloading, not uploading: Yes, but... by PReDiToR · · Score: 1

    There are not enough jails, not enough police, not enough courts to enforce a law not supported by the people.

    Hubert H. Humphrey

    One can only hope.

    --

    Do not meddle in the affairs of geeks for they are subtle and quick to anger
  264. Re:Really? by mark-t · · Score: 1

    Permanence is wholly irrelevant to theft. stealing is the act of taking away something from somebody that the taker had no lawfully recognized right to do. That's all there is to it.

    A copyright infringer is depriving the copyright holder of some measure of the exclusivity that they were supposedly going to have by utilizing copyright in the first place. Since exclusivity, by definition, means that nobody else is doing it, when somebody else does, that exclusivity is compromised. (Permanently, even.)

    Of course, one might want to counter with the notion that this exclusivity is intangible and therefore not eligible to be equated with any real value. Ultimately, however, the tangibility of something is irrelevant to its perceived value by a given individual. You can rightfully be expected to receive compensation for somebody else expecting use of your own time, for example... as time is definitely intangible, and one's own time is often of great value to them. Admittedly, the analogy to time breaks down quickly, because about the only way your time can be taken from you is if you are murdered... which is such an exponentially more serious crime than the theft of any property as to render the argument on whether that time which was taken has any value to be moot. Nonetheless, the only real finicky issue with something that is intangible is that its measure of value is going to be very subjective. At best, you might be able to argue that such intangible things are not really "property"... but that does not mean that they cannot be taken away from somebody. And if they are taken by somebody who has no lawfully recognized right to do so, then it's entirely reasonable to call such an action "theft".

    Children aren't really property either (not in any sense of real "ownership", at least)... but they can definitely be stolen... Admittedly, there is another lawfully recognized term for the act, "kidnapping", but that does not mean that it is not a type of theft.

  265. Re:Really? by pixelpusher220 · · Score: 1

    "It's digital, I can jut copy and share it at no cost to me. Screw the author and his expense for creating the original copy."

    Well to be fair there was no cost to the author to create the 'copy' either.

    So what artists, photographers, writers, etc should be charging for is the 'creation' of art not the sale of a copy that cost nothing to make.

    Or what the creators should so is leverage the infinite copy ability to drive sales of things that are not infinite. Like the support of your software, see Red Hat for an example. Who knows your stuff better than you do? THAT is the scarce good that simply can't be replicated easily or infinitely.

    The photographer should be publishing his pictures far and wide to drive more people to purchase his 'skill' at taking pictures. As the internet shows, this is not a common skill but something fairly rare. Selling the digital 'copy' is just selling something it took you nothing to create, and yes that is morally wrong.

    --
    People in cars cause accidents....accidents in cars cause people :-D
  266. Why by Anonymous Coward · · Score: 0

    I have never understood why anyone thinks it's OK to violate a copyright. If a legal download costs $0.99, and you get a copy of the same thing for free, what is the logic? If someone is making too much money in your mind, is it OK in your mind to just take it? If your boss comes to you on Friday and tells you that because you had an easy week so he's cutting your pay, will you accept that? In his mind you don't deserve the pay you are getting. Is it OK to walk in to a music store and walk out with free CD's? It's different because it's physical? I don't steal music, nor do my children. I just don't get it.

  267. It's not about piracy by Anonymous Coward · · Score: 0

    I've been doing radio since the early 1980s and am one of the few DJs embracing the "netsician" movement: unsigned and unknown novices posting their music own their own websites, or through netlabel collectives. Most netsicians do this for free, so anyone who downloads this music isn't breaking any law. Free music comprises about 90% of what's downloaded on the web, despite all the rants about alleged piracy.

    What people don’t realize is that so-called anti-piracy laws are really part of an underhanded scheme to eliminate the free transfer of media and information on the web. Several forces behind this are motivated by the desire to control. Ignorance and ideological extremism are aiding this ploy.

    Powerful music moguls are trying to regain the choke hold of control on music publishing they had 20 years ago, before the web's netsician revolution. With the help of ambulance-chasing lawyers, big record companies are falsely accusing downloaders of music piracy. Ignorant politicians are passing laws to prosecute "illegal" downloaders without due process. In May 2011, New Zealand's parliament, behind closed doors, passed a law saying anyone accused of pirate downloading can have their internet access suspended for six months and be fined $15,000 (NZ). Last month, France enacted a similar law, supposedly over concern about artists receiving their “royalties.”

    Incredibly, even artists who upload their works for free are being accused of violating their own copyright; ASCAP stated this in August 2010 while declaring war on the web's music license protocol, Creative Commons. Canada responded the following October by banning all Creative Commons artists from receiving airplay on any of its (government run) radio stations.

    Most computer users are outside of Apple’s iCult and regard that company, along with its fanatical supporters, as a laughingstock of self-centered blowhards. But Apple thinks it can control all music publishing by forcing every consumer and musician into its iTunes cabal. Most of the media is run by partisan simpletons on Apple's payroll, hence the continuing wave of propaganda spinning this company into the phony image of significance it enjoys. Most Apple users believe any web music outside of iTunes is illegal - yet another testimony to their utter stupidity, and the danger to everyone's freedom these morons pose whenever they ascend to any position of power.

    People who say "they'll never regulate the internet" don't realize it's already happening. The two outfits mentioned above are motivated by money and a desire to control all music publishing. The future of all free transfer of media, information and ideas on the internet is under real assault when also considering totalitarian governments are trying to export censorship beyond their borders and into free nations. Other conspirators include radical political activists who demand their crank ideologies be inserted every art form, ultimately to turn all free expression into nothing more than old Soviet propaganda posters.

    Most of human history has been represented by feudalism and enslavement. Man has recently enjoyed an unprecedented era of freedom, but the world is now reverting to its previous propensity for dictatorships. The difference is that today people in the free world have a choice. Unfortunately, they’re being manipulated by thugs with sugar coated schemes designed to take away freedoms. Technologies like the internet, which have spawned new outlets of creativity, may end up being used by those in power to persecute opponents.

  268. Re:Really? by Travelsonic · · Score: 1

    I HATE that people teach that plagiarism is stealing, when it is in fact a fraud, deception [which, while it can lead to stealing/theft is not theft in of itself] - it logically drove me nuts because I KNEW that the labeling neither fit the act, nor actually emphasizes the problem with plagiarism properly - a job that fraud does much better. Glad to think I'm not the only one who thinks this way.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  269. Re:Really? by Travelsonic · · Score: 1

    Your comparison of using digital goods to eating farmer's crops, using cars, etc still fails majorly to grasp the difference that makes such simplifications overly simplified and, IMO of course, erroneous.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  270. Re:Really? by fsckmnky · · Score: 1

    Take a beginners course on production inputs.

  271. Mod parent up. by Hyperhaplo · · Score: 1

    That is insightful. I'd mod you up if I could.

    Temporarily adopt an unacceptable position to force an opponent to execute an expensive move in your favour.

    Excellent strategy! Well spotted if this turns out to be the case.

    In the mean time, it will be interest to see how this plays out for the profit margins of media companies for Swiss sales.

    IIRC sales are usually on the increase right before this type of sanity is killed. Napster? Morpheus?
    (and yes, for the record, I purchased a playstation 2 and got Final Fantasy X just because of several AMV music clips featuring FFX. Same goes for several anime series including Inuyasha... it's a real pity that AMV videos and the like .. firstly 1) Can't be purchased and secondly 2) are deemed to be 'illegal'. )

    --
    You have a sick, twisted mind. Please subscribe me to your newsletter.
  272. I can see it now. by VJmes · · Score: 1

    There's a media executive somewhere in the US who's blaming Europe's economic crisis on this realistic, rational approach to copyright law.

    I can also see them signing all of their letters with their name and the slogan: Fuck facts, I'm rich.

  273. Re:Really? by AcidPenguin9873 · · Score: 1

    Hey mods/metamods, Flamebait is not a disagree mod. This is a statement of fact, thus I fail to see why it would deserve a Flamebait mod.

  274. Re:Not everybody learns about music from the Inter by phorm · · Score: 1

    A friend of mine makes music. He's been on the local radio station, and more recently some other stations across the country. AFAIK, without any major label backing.

    Beyond that, the relationships between radio and studios changed. Online radio, for example, is something the studios want to *CHARGE* for, as opposed to using them for promotional purposes.
    Add to that, in many places playing music from the radio in a coffee shop or whatever still requires a special license, even though anyone could tune it in for free individually.

    Music execs wonder why their house of cards is falling... some of the above are just a few examples.

  275. Re:Really? by dissy · · Score: 1

    Weird, it still doesn't work and keeps redirecting to the http version.

    I actually ended up typing it by hand in IE initially, and after reading your reply tried typing it by hand in firefox too.

    I dunno why slashdot hates me, but it doesn't want to give up the goods.
    I do have an account obviously, and I do not have advertisements disabled even though they give the option. I am not a paid/subscriber account though.

  276. International jurisdiction by pgpalmer · · Score: 1

    So if I download stuff from a server in Switzerland, do the laws of Switzerland apply or do the laws where I live apply?

  277. Re:Really? by Anonymous Coward · · Score: 0

    This is a statement of fact

    No, it is not.

    To be clear, the statement "It's not depriving the copyright holder of a "right to get paid" per se, but it's only one step away from that." is not fact, but your opinion.

    As a statement of opinion, it can most certainly qualify as being flamebait. I wouldn't call it flamebait, personally, but rather overrated, due to being way too simplistic.

    Your flailing about is only making you look stupid.

  278. Re:Really? by cavreader · · Score: 1

    How many brilliant film producers are going to front a couple of million dollars to see their work through completion?

  279. Re:Really? by Eivind+Eklund · · Score: 1

    "So due to the transaction costs, it is not better for society"

    It seems you are implying that when the risk is in the side of the producer there're not costs for society.

    That's not my view at all; I'm sorry that it came off that way. The part that was implied and probably shouldn't have been is that a more closely estimated risk has a significantly lower cost than one that's less closely estimated. This is a common economic theory; it is generally considered that higher risk (variation) goes with a need for higher returns (see e.g. modern portfolio theory).

    I also think there's several reasons why the risk will be lower if taken by the software developer rather than through contracts for future payment. As a software developer, I can change the scope of the project. I can start out with something that I think will be a Windows program, and then if Mac becomes popular among my target group, I can switch to having a user interface for Mac (only) instead. Or I can switch to a web interface. Or I can switch my product around, and instead of having it target general music enthusiasts, I can find that my beta DJ users love it and would be willing to pay a significant price for it, while the general music lover says "Meh." In the worst case, the developer can cancel it if it takes too long to develop. However, if I'm going to pay for somebody to develop something, I am not willing to pay for "We'll deliver it on some platform; and it will do something that some people are interested in." I want a specific set of features, for a specific platform. This adds risks for the developer, as they lose flexibility.

    There's also the important part of time delayed delivery and customer circumstances changing. If I have something that takes a while to develop, it's likely that some of the potential customers have moved on to other things, while some new customers have come along. As an extreme example, if I'm developing a game that target 12-13 year old girls and it takes four years to develop, *all* potential customers will have moved on and been replaced by new customers. As a less extreme example, I might have switched to wanting my software on the Mac or on the web or on Android - while having paid for what seemed reasonable at the time. This adds risks for the customer.

    Bad news: the costs are exactly the same since a failed project is a failed project anyway.

    But the costs of a failed project are different, and the value of the money is different. As an example, if I'm in a startup, software that I can use now has a high value, and cash in hand has high value - while software that I get delivered in a while has much less value.

    But the basis of marketplace-like capitalism is that both producers and consumers are perfectly informed of their options

    I think you're thinking of what defines a perfect market / perfect competition (http://en.wikipedia.org/wiki/Perfect_competition)?

    which is less the case when there are production efforts that are invisible for the consumer. Add to this that the "trick" for license-based business is that while the production costs are bounded, benefits are not. That's what allowed to the owners of the software giants from the eighties-nineties to become some of the richest people of the world in record time spans. Whenever you see net benefits going well over 100% you can bet capitalism is not working as expected and society as a whole has a worse deal.

    You're thinking of "increasing return to scale". That's certainly one of the violations, but there's also violation of "Homogeneous products", "Perfect information", and probably some others.

    In the specific case of Microsoft, they manipulated the market by tying their product to another product (CPUs), making sure that if anybody else wanted to sell a competing product, that product would have to be bough *in addition to* Microsoft's product.

    As for ne

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.