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Pirate Bay Co-Founder Must Pay Record Labels $395,000 (torrentfreak.com)

Pirate Bay co-founder Peter Sunde has run into another setback. The Helsinki District Court has ordered him to pay $395,000 to record labels including Sony, Universal, Warner and EMI, after the music of 60 of their artists has been shared illegally through The Pirate Bay. From a TorrentFreak report:Sunde did not appear in Helsinki to defend himself so the Court handed down a default judgment. He is now ordered to pay the full amount plus costs of around $62,000 (55,000 euros) to the local branch of IFPI. He also faces a fine of one million euros if the content continues to be shared via The Pirate Bay but how he is supposed to do anything about that isn't clear. Sunde and Pirate Bay co-founders Fredrik Neij and Gottfrid Svartholm owe large sums of money to copyright holders following adverse decisions in cases dating back years. None of those judgments have been satisfied and there's no reason to believe this one will be any different.

148 comments

  1. Does he even have $395,000? by Anonymous Coward · · Score: 0

    If not I'm sure he can pay it up at $10 a week for the next 769 years.

    1. Re:Does he even have $395,000? by Anonymous Coward · · Score: 0

      Why do you think he didn't show up for his court appearance?

      He's been betting on the vigilantes of the Internet to get him out of debt and surprise surprise, the same people who used his site to steal shit aren't willing to put up cash for a legal defense. He's either in the process of disappearing off to a country that won't extradite him, or he'll pull an Aaron Swartz and "martyr" himself, I'm leaning toward the former.

    2. Re:Does he even have $395,000? by F.Ultra · · Score: 4, Informative

      He has never expected people to pay his debts, in fact he has stated that he weill never pay a single eurocent of that debt at all.

    3. Re: Does he even have $395,000? by Anonymous Coward · · Score: 0

      Then they'll throw him in jail to get raped.

    4. Re: Does he even have $395,000? by Anonymous Coward · · Score: 0

      You can fantasize about jail rape all you want, Europe is actually civilized, probably won't happen.

      America is more what you want to meet your needs.

    5. Re: Does he even have $395,000? by Tukz · · Score: 4, Informative

      For what? You don't get thrown in jail for owing money to private companies.

      --
      - Don't do what I do, it's probably not healthy nor safe. -
    6. Re: Does he even have $395,000? by Anonymous Coward · · Score: 0

      These days the US is the only place with debtors prison.

    7. Re: Does he even have $395,000? by Wootery · · Score: 1

      Never heard of Dubai, huh?

    8. Re: Does he even have $395,000? by Anonymous Coward · · Score: 0

      No. They just impound everything you own, including your pants.

    9. Re:Does he even have $395,000? by St.Creed · · Score: 1

      Who cares? I mean, would you care if you were convicted in Russia? Or Thailand? Nope, you'd just avoid going on holiday there.

      This case was tried in Finland. No one goes on holiday in Finland unless they really like reindeers. I mean, like, a lot. Very, very much.

      So I think it's a Moot issue.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    10. Re: Does he even have $395,000? by F.Ultra · · Score: 1

      Does not work like that in the Scandinavian countries, there are something that's called beneficium that the impound authority cannot seize. They can for example not make you homeless or take cash that you must use for rent and for living expenses. If he ever gets a payed job however all the salary goes to the impounder (Kronofogden) and then they give you the amount of cash needed for rent and living and then they keep the rest to pay off your debt.

    11. Re:Does he even have $395,000? by Darinbob · · Score: 1

      A moot once bit my sister.

    12. Re:Does he even have $395,000? by F.Ultra · · Score: 1

      No you will not get jail time in the Scandinavian Countries for not being able to pay your debt. What will happen is that your assets will be impounded (however not all your assets since you are allowed to live and eat even if you have a debt here), jail time will only be an issue if it turns out that he actively hides assets from the impounding authority.

    13. Re:Does he even have $395,000? by Anonymous Coward · · Score: 0

      Pay it in cash in Zimbabwe dollars.
      It comes out to precisely $1225.29 usd according to this

    14. Re: Does he even have $395,000? by Zaelath · · Score: 1

      You really wanna use Dubai as a defense? Cute.

    15. Re:Does he even have $395,000? by Anonymous Coward · · Score: 0

      Why would you go to Finland to see depressed reindeers when you can go to Canada and see happy reindeers?

    16. Re: Does he even have $395,000? by Anonymous Coward · · Score: 0

      Then do buy a ticket and gtfo of here.

    17. Re: Does he even have $395,000? by MikeFM · · Score: 1

      Why should he care what they say? If you show up to their court you are acknowledging their authority. Just because some retard waves their arms and makes some noise doesn't mean you have to do what they say. Just because some suit thinks their music has value or even that money has value doesn't make it so. Just ignore the kids and let them make all the ruckus they want.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    18. Re: Does he even have $395,000? by RivenAleem · · Score: 1

      haha, you said pound your pants.

    19. Re: Does he even have $395,000? by Wootery · · Score: 1

      Have you not encountered the word "only" before?

    20. Re:Does he even have $395,000? by Anonymous Coward · · Score: 0

      I think it was a moose

    21. Re:Does he even have $395,000? by St.Creed · · Score: 1

      Where you there? No? Then how do you know it wasn't a Moot? :)

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    22. Re: Does he even have $395,000? by Zaelath · · Score: 1

      If you took up rounding up muslims and gassing them, and someone said you were the only country to do it, you'd point at Germany then?

  2. Fuck the recording industry! by Anonymous Coward · · Score: 1

    Suck it losers! You can't stop filesharing! If it's not Pirate Bay, it'll be some other torrent site, or something on the Dark Web, or anonymous FTP, or SneakerNet or carrier pigeon -- or just old-fashioned mixtapes (or mix CDs, or mix DVDs, as the case may be). You can't stop the signal. People will find a way. The more you tighten your grip on these people, the more files will slip through your fingers. GIVE UP.

    1. Re:Fuck the recording industry! by Phusion · · Score: 2

      You sure showed them!

      --
      640k ought to be enough for anyone.
    2. Re:Fuck the recording industry! by Meshach · · Score: 1

      Do you mean give up producing music and movies?

      --
      "Maybe this world is another planet's hell"
      Aldous Huxley
    3. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      Please YES, and let the real music to be heard.

    4. Re:Fuck the recording industry! by harperska · · Score: 4, Insightful

      Most mature intelligent people are perfectly willing to pay for content as long as that content is high quality and convenient. It is only when content is degraded, restricted, or encumbered (or simply not even available) that most people turn to file sharing. Once content is made available in an unencumbered, reasonably priced digital download or streaming format, only political zealots and immature entitled jerks like the anonymous parent will insist on stealing it.

    5. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      Keep writing off your opponents as immature unintelligent entitled zealots. In case you were ever wondering, this is what getting old is like.

    6. Re:Fuck the recording industry! by wonkey_monkey · · Score: 1

      Most mature intelligent people are perfectly willing to pay for content as long as that content is high quality and convenient.

      Well, this is true. Trouble is, very few services are as a convenient as torrents! My old ISP had a limit on daytime use - not a terrible one, but enough to put me off streaming too much. So I wanted to download overnight. The answer: torrents.

      When I got a new ISP with no daytime limits, I gave Netflix a try. Not bad. But not great. On the box I have, everything plays out at 50fps (I'm in PAL land) which means US sourced shows are a bit jittery, something I'm very sensitive too (I've worked in the TV industry so I'm picky about broadcast quality). So that's out. Ditto playing Amazon Prime video over HDMI from my laptop. And my TV isn't smart enough to connect to any of these services itself.

      Even some of the free services can't beat torrents. I use BBC iPlayer a lot, which is great (especially since they added 50fps streams). ITVPlayer, though, forces you to sit through ads. Yeah, I know, it's how they make their money - but when I can download the entirety of the show I want to watch in less time than it takes to watch just the first set of ads then... what's likely to happen?

      --
      systemd is Roko's Basilisk.
    7. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      Movies are special indeed, but you can easily produce music at home at a level good enough for mass consumption. Most music nowadays is recorded and produced in small project studios and only select artists and bands who essentially sell their soul and almost all of the private life and personality in 360 contracts get the (dubious) privilege of the full production chain including top mixers, choreographers, etc.

    8. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      Once content is made available in an unencumbered, reasonably priced digital download

      Take out "or streaming" and I agree with you. There are too many use cases where I need offline access. If you Mr./Ms. content creator can't provide it in such a format and take my money for it - I as a consumer will find somebody else who will, paid or unpaid.

    9. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      The holier than tho music and movie industry makes more money every year thanks to torrent sites be cause they get to see what they are buying before the buy like a test drive and the tears your corporate worshipers shed are pathetic and sad.
      You care nothing about what this industry does to the performers/artists in some cases all you really care about is pretending to be on side of the artist while carrying water for the mpaa/riaa mafia
        What happened when the recording industry was caught selling music they had no rights to did they offer up the $150,000 per song they try to suggest is the value of of a downloaded song, they paid $50 per song hardly justice.
      THE MUSIC INDUSTRY IS A PARASITE and you line up to defend it on every turn corporate rights trump human rights as you intended. I remember when young people fought censorship and corruption.
      America you do not have to fear government and corporate control you bring it on your self willingly to bad you spread it around the civilized world like A cancer.

    10. Re:Fuck the recording industry! by Anonymous Coward · · Score: 0

      Most mature intelligent people [With a disposable income]
      I fixed that for you.

    11. Re:Fuck the recording industry! by harperska · · Score: 1

      For many use cases, streaming is preferred to downloads. Whether you agree with it or not, the reality of popular music is that it is largely disposable. There is just so much of it out there, and its staying power is limited, yet it can be enjoyable while it is fresh. Download only availability can be impractical somewhat from a storage standpoint, but even more so from an economical standpoint where someone would be less likely to pay a full dollar for every track they might only listen two once or twice. Same goes for movies. Most movies that I watch, I rarely feel the need to watch a second time, even if I do enjoy watching them the first time. So it is difficult to justify the upfront purchase price for them when they are available to watch on Netflix or Hulu.

      Ideally, all purchasable media should be available simultaneously in an affordable streaming format for general consumption and a downloadable format for when offline access and preservation needs arise. The streaming format should be as high quality as the downloadable format, and the downloadable format should be completely unencumbered. I can dream, right?

    12. Re:Fuck the recording industry! by peawormsworth · · Score: 1

      The above reply is perfect.

  3. Default judgments are a load of crap by Anonymous Coward · · Score: 0

    You lose if you don't show up? What ever happened to cases being decided on the merits?

    1. Re:Default judgments are a load of crap by Captain+Splendid · · Score: 2

      This is pretty much standard practice in western law. If you can't be bothered to show up, the court's not going to waste time on you, they'll spend the extra time on someone who could be bothered to defend themselves.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 1

      What ever happened to cases being decided on the merits?

      That's funny. Or naive.

    3. Re:Default judgments are a load of crap by alvinrod · · Score: 2

      It goes the other way as well. If you go to court for a traffic violation and the officer who wrote the citation doesn't show up, the judge will toss it. Same thing if someone has sued you and fails to show up to court. The judge is there to preside over the trial, not to do the job of the prosecution of defense.

    4. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      > If you can't be bothered to show up, the court's not going to waste time on you, they'll spend the extra time on someone who could be bothered to defend themselves.

      Tough he claims to not have been served...

    5. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      No, the judge will make excuses for the officer and reschedule your hearing.

    6. Re:Default judgments are a load of crap by Slick_W1lly · · Score: 1

      Depends on the judge.

      I defend every traffic violation I've ever been handed. Some of them valid, some of them not.

      In cases where the officer didn't turn up, I'd say that 70% of the cases were tossed out, and in two cases the judge rescheduled. I objected, naturally, and in one instance it was later dropped, and in the other rescduled and later heard - after which it got thrown out anyway.

      I have a 100% success rate in either reducing my (valid) tickets to a slap on the wrist (read: $90 court fine) or tosses out entirely. :P

      Goto court.. defend yourself, even if you're guilty, you'll often get a non-points-incurring-verdict.

    7. Re:Default judgments are a load of crap by tlhIngan · · Score: 1

      It goes the other way as well. If you go to court for a traffic violation and the officer who wrote the citation doesn't show up, the judge will toss it. Same thing if someone has sued you and fails to show up to court. The judge is there to preside over the trial, not to do the job of the prosecution of defense.

      And that's really a bit of the shitty part of the whole thing. Because you end up wasting your whole day while the other side costs them nothing.

      Take a small claims for example - let's say you're suing someone for $1000. The other guy knows he's in the wrong, so won't bother defending himself. So while you spend the day at the courthouse to get a default judgement, he's off doing whatever he does during the day, knowing he'll have to pay, and thus not wasting his time.

      So yes, you get your $1000, minus all the time and effort in court. He was going to have to pay anyways, and all he spent was the 5 minutes writing you the cheque.

      Traffic courts are the same way - you spend your whole day there, the cop won't bother showing up (it's cheaper for him to do his job than to waste a day in court). Judge tosses your ticket, you wasted a whole day and cop does whatever he normally does.

    8. Re:Default judgments are a load of crap by The-Ixian · · Score: 1

      I have found the same thing.

      If you show up and talk to the prosecutor, they will often make a deal with you.

      --
      My eyes reflect the stars and a smile lights up my face.
    9. Re: Default judgments are a load of crap by Anonymous Coward · · Score: 0

      When the penalty for losing is being raped in jail forever, do you blame him? I'd take my chances in the run.

    10. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      Why not both?

    11. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      Except I earned $500+ for my time.

      So yeah, I guess making $250 an hour is a waste of my day.

    12. Re:Default judgments are a load of crap by Guybrush_T · · Score: 1

      True, but that's a shame. If justice was a real thing, the final decision should not be dependent on the defense (so that if you can't afford an attorney you're not punished for that).

    13. Re:Default judgments are a load of crap by K.+S.+Kyosuke · · Score: 1

      So is it nanny or fuive?

      --
      Ezekiel 23:20
    14. Re:Default judgments are a load of crap by Jason+Levine · · Score: 1

      Except that, without summary judgement, a case could be dragged out by one party who simply didn't show up. Suppose Company X dumped waste products in a local river and you got sick. You sue Company X but they just decide not to show up. So the court date is rescheduled and rescheduled again. At some point, the court needs to say "look, you had fair warning and you either need to show up or you face punishment of some sort." If the court didn't say that, then no defendant would ever show up in court and the legal system would collapse from a) the increased load of "postponed for the 50th time" cases and b) the reduced authority to actually decide anything.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    15. Re:Default judgments are a load of crap by Jason+Levine · · Score: 2

      My one traffic ticket was failing to stop at a stop sign. (I did a "rolling stop.") When I was called, I was immediately told to speak to the prosecutor. He gave me a deal - they'd reduce the verdict to "parking on the pavement" if I entered a guilty plea. That charge wouldn't hit my insurance and would have a lower fine. They were doing this for everyone coming in with such fluidity that it was likely just Business As Usual. I suspect that very few "ran a stop sign" cases actually lead to "ran a stop sign" verdicts.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    16. Re:Default judgments are a load of crap by TheCastro1689 · · Score: 1

      That doesn't even matter. I wasn't served twice. In MD the county sheriff is supposed to serve you. He kept coming when I was at work, he even tried to deliver on a holiday (which is illegal), but I wasn't home so it didn't matter. He left notes saying things like "a warrant will be issued for my arrest if I don't contact him about the papers", so he was also a liar. Regardless, he never served me, he never left the papers, yet he informed the court system that I was served so I lost a case I didn't know any detail about, got my wages garnished, I filed a complaint with the state and the judges but no gave a shit, their response was, "No one cares." Another time a sheriff came out to my new house, very far from town, my room mate was home, but in the shower, looked out the window, saw it was a cop and ignored it since he was in the shower, anyway I go, "if he needed something he'll be back." He never did, well I was filing some court docs and my lawyer goes, "Hey you got a court case coming up, it says you were served." Servers are fucking liars and scumbags, I still want to know if I can sue MD and the county and the sheriff for lying about serving me, I bet they do it to a lot of people that don't have the means to fight back. I can no afford a lawyer and would gladly sue the shit out the government for fucking me and other people over.

    17. Re:Default judgments are a load of crap by TheCastro1689 · · Score: 1

      Happened to me as well. Judge goes, we'll call him and if he doesn't come we'll postpone. At the time I couldn't afford to take another unpaid day off work to deal with it so I had to take the shit deal the judge gave me.

    18. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      This is pretty much standard practice in western law. If you can't be bothered to show up, the court's not going to waste time on you, they'll spend the extra time on someone who could be bothered to defend themselves.

      This hardly fits within standard practice. He doesn't live in Finland. They put him on trial in a country he doesn't live in and judged against him in his absence.
      They probably don't even have routines for serving legal documents to a person in another country.

    19. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      Have you learned your lesson about whether or not the legal system gives two craps about your two-bit defense for ignoring a servant of the court? America has one of the most tolerant and forgiving justice systems in the world, but not if you think you're somehow better than it or everyone else.

    20. Re:Default judgments are a load of crap by Darinbob · · Score: 1

      He also can't complain that he wasn't served and didn't know about the case, given that we knew about the case way over here in slashdotlandia.

    21. Re: Default judgments are a load of crap by Darinbob · · Score: 1

      You don't go to jail for losing a civil lawsuit. Even if you can't pay the judgement you just get your wages garnished, and if you don't have wages they'll take your car. Since you lose if you don't show up there is no advantage to not showing up, unless it's in a country you'll never visit (and since Sunde has Finnish heritage and lives in the country next door to Finland, he might want to actually visit someday).

    22. Re:Default judgments are a load of crap by Darinbob · · Score: 1

      Doesn't matter if you live there, but it does matter if you are involved with a matter that occurs there. He was not sued over issues that occured in Sweden but over issues that occured in Finland.

    23. Re:Default judgments are a load of crap by Darinbob · · Score: 1

      When I showed up for a parking violation and the officer did not the case was tossed out. If a judge makes excuses for the officer then the judge is not being impartial, and in many places can get in trouble as it's an elected office. If you've got the time then it can be worth it to show up, as it's often not worth the police time to show up.

    24. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      They were doing this for everyone coming in with such fluidity that it was likely just Business As Usual. I suspect that very few "ran a stop sign" cases actually lead to "ran a stop sign" verdicts.

      Yes, it's a money making racket, pure and simple. They know you'd rather pay a smaller fine than deal with the hassle. In Tennessee, if you get pulled over on the interstate for suspicion of DUI but you're not under the influence, you're still getting a ticket no matter what. You can be stone cold sober as the day is long. They write you a ticket for an offense called "Obstructing a Highway or Passageway" because you were parked along the side of the interstate, which is illegal. They don't care that you were parked there because they pulled you over and you had no choice; tell it to the judge, here's your ticket. And what do you do, take a day off work and go to court to contest it and hope for the best, or just send in a check for $60? You're going to mail a check, and they know it. Fucking highway robbery, literally.

    25. Re:Default judgments are a load of crap by Anonymous Coward · · Score: 0

      IANAL but that sounds sketchy as fuck. I'd talk to a lawyer at the very least; it can't be that expensive to just ask for a professional opinion.

  4. It hasn't by Anonymous Coward · · Score: 0

    "after the music of 60 of their artists has been shared illegally through The Pirate Bay."

    It hasn't been shared illegally through PirateBay. First of all, American copyright law does not mean zip in Sweden. Second, PirateBay doesn't host any music, just torrent files which contain lists of files and point to users who have them. Such files cannot be made illegal even under American law.

    1. Re:It hasn't by RobotRunAmok · · Score: 0

      >>American copyright law does not mean zip in Sweden.

      And Swedish music doesn't mean zip in America. Or Sweden, even.

      Hey, maybe that's the problem...

    2. Re:It hasn't by Anonymous Coward · · Score: 2, Funny

      What about Abba?

    3. Re:It hasn't by CRCulver · · Score: 1

      First of all, American copyright law does not mean zip in Sweden.

      Apparently it means something in Finland.

      Your attempts to claim that American copyright law don't apply to torrent sites are as much a waste of time and energy as defending "sovereign citizen" ideas. In the latter case, the taxman is still going to get you, and in the case of filesharing, civil judgments -- if not criminal sentences that are upheld -- are still going to plague at least some people out there. Instead of trying to make filesharing seem legal, I think it would be more productive for society to simply go ahead and do it regardless of its legality. Now that millions and millions of people are sharing whatever they want without thinking about the legality of it, legal hassles on a tiny, tiny minority of them hardly serve as a deterrent.

    4. Re:It hasn't by Anonymous Coward · · Score: 0

      Actually, thanks to Sweden's implantation of the international law which the USA implemented as the DMCA, is does mean much more than zip in Sweden.

    5. Re:It hasn't by Anonymous Coward · · Score: 0

      Or we could repel rampant American imperialism and its retarded attempts to force its laws on the rest of the world instead of pretending it's okay because it's de facto enforced.

    6. Re:It hasn't by mrchaotica · · Score: 1

      Your attempts to claim that American copyright law don't apply to torrent sites are as much a waste of time and energy as defending "sovereign citizen" ideas.

      If torrent sites are liable for copyright infringement, then by the same logic, I should be able to sue Google Maps for trespassing because they let people look up my address.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:It hasn't by tepples · · Score: 2

      American copyright law does not mean zip in Sweden

      The Berne Convention is not an "American copyright law". Sweden joined the Berne Convention in 1904.

    8. Re:It hasn't by CRCulver · · Score: 1

      See, this is exactly my point. Instead of wasting time with these theoretical discussions and analogies, why not just fileshare more and encourage your friends to do the same?

    9. Re:It hasn't by PCM2 · · Score: 1

      First of all, American copyright law does not mean zip in Sweden.

      Irrelevant. Like most countries in the world, Sweden is a signatory of the Berne Convention. In fact, it was drafted in Stockholm.

      --
      Breakfast served all day!
    10. Re: It hasn't by Anonymous Coward · · Score: 0

      Wow, you really are fucking stupid. This doesn't have a goddamm thing to do with American imperialism or the US forcing its laws on anyone. Over a century ago, people realized that it was in the best interest of society if copyrights were recognized beyond the country in which a work was created. This actually provides greater benefit to artists in smaller countries where there's less opportunity to profit domestically. There are fewer people who will buy a product in Finland than in the United States just because of the huge difference in population. There are international treaties on copyright, which countries have ratified. The DMCA doesn't apply in Europe. However, the law in European countries does extend copyright protection to foreign works. There is reciprocity as American law provides copyright protection to foreign works, too. So this doesn't have a damn thing to do with American laws being enforced in Europe. It has to do with international treaties that disproportionately benefit artists in smaller countries. If the United States really wanted to screw over Europe, we could simply stop recognizing gheir copyrights. Faced with losing copyright protection in the large United States market or moving to the USA, I'd bet many artists would choose the latter. But we don't do that, and we play by the same rules as anyone else who has ratified these treaties. Sadly, it seems like every article involving the USA will have some stupid son of a bitch from Europe claiming that the USA is forcing their laws on Europe. Congratulations, that stupid fucker is you this time. Feel free to pull out of these international treaties if you think they're American imperialism. Hopefully the USA would respond by not recognizing your country's copyrights, which would hurt your country far more than the USA. You really are a stupid bastard.

    11. Re:It hasn't by Anonymous Coward · · Score: 0

      This is correct and logical. Also, there is no chance of this being the verdict in whatever kangaroo court they sued him in. Sometimes the only way to win is not to play.

    12. Re:It hasn't by Anonymous Coward · · Score: 0

      And you are proud of your ignorance or?

    13. Re:It hasn't by bmk67 · · Score: 1

      The 1970s called.

    14. Re:It hasn't by tnk1 · · Score: 1

      American copyright law probably does not have meaning, but there are international copyright conventions that I am pretty sure both countries adhere to. In which case, he's being sued under Sweden's law which was created via acceptance of those treaty conventions.

      Note this can seem like its unfair on against the Swedes or other small countries with the US flexing its muscles at them, but to be fair, these conventions protect Swedish material as well, its just not as prevalent as the American stuff being shared (for many reasons).

      As for the torrent file being illegal in and of itself... I am not sure that can be guaranteed to hold up as a defense for what they are pointing at in terms of infringement. Perhaps yes, if a very specific interpretation is used, but probably not, since torrent file or not, they are facilitating copyright infringement by hosting an informational service that provides the capability to connect with the sharers. A torrent file is perfectly legal. A torrent file that happens to be a pointer to illicit content is still not illegal, but is evidence of the intent to aid and abet infringement on the part of the site hosting the file.

      Mind you, I think the torrent file argument is good enough that they won't just come knock down your door or sue you for hosting a few torrents, but when you are a torrent site the size of TPB, the discretion tends to start falling on the side of trying to make a go at an infringement case because TPB is a major player and a defiant one who doesn't even pretend to hide their intentions to permit what amounts to mass infringement.

      Music publishers don't give a shit about mix tapes, because the quality is shit. And they don't care about friends passing along songs by sneakernet or even passing them to each other directly over networks, because distribution in that way is pretty slow. It's when you have a public, searchable site with thousands of torrents that it starts becoming a threat to their distribution channels and profits and they will come looking for you, they really have no choice unless they want to abdicate their entire business model.

    15. Re:It hasn't by fluffernutter · · Score: 1

      They're getting back together for their 50th you know. They're still relevant!

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    16. Re: It hasn't by Anonymous Coward · · Score: 0

      You seem to have put a decent amount of effort in your comment, however you started it with a personal attack in the first sentence and a quick scroll down showed that you also ended it with a personal attack.
      Which is why I ignored everything between the first and the last sentence and just assumed you are full of shit.
      Which is bad, because you might have had a point, but now due to your tendency to use insults instead of argumentation, it will remain forever ignored.

    17. Re:It hasn't by david_thornley · · Score: 1

      The Pirate Bay exists for the primary purpose of facilitating copyright infringement, which is illegal in every developed nation. There's going to be some law or another that covers it in pretty much any jurisdiction.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    18. Re:It hasn't by david_thornley · · Score: 1

      As for the torrent file being prima facie illegal, I suspect there are arguments to be made. Since the defendant didn't show up to court, the defendant couldn't present any of those arguments,

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re: It hasn't by Anonymous Coward · · Score: 0

      Nah, you're thinking Ace of Base.

    20. Re: It hasn't by Anonymous Coward · · Score: 0

      Europe is actually a larger market than the US..

    21. Re:It hasn't by Anonymous Coward · · Score: 0

      And maybe your to stupid to understand what he was talking about. just staggered by that reply.
      Maybe you should give a fuck about how your united states of corruption is run. Stupid Americans defend everything your criminal corporate classes do like it is a personal insult.

    22. Re:It hasn't by Anonymous Coward · · Score: 0

      If the masses are breaking A law the problem is not with the masses it is with the law. This law is purchased by corporate scum and inflicted on the masses by political whores. How the fuck do you defend your pay to play government who rules against the will of the people nearly 100% of the time. not all copyright law is the same and no copyright law in America is just.

      Whenever a copyright law is to be made or altered, then the idiots assemble.
      - Mark Twain

      Only one thing is impossible for God: to find any sense in any copyright law on the planet.
      - Mark Twain

  5. They're Playing Fuh-Hooms Towns by Anonymous Coward · · Score: 0

    They're Playing Fuh-Hooms Towns

    They're Playing Fuh-Hooms Towns

    Now rapping FM-Towns ... Mr. Jugemu-jugemu Goknosurikire Kaijarisuigyo-no Suigymatsu Unraimatsu Fraimatsu Knerutokoroni-sumutokoro Yaburakjino-burakji Paipopaipo-paiponoshringan Shringanno-grindai :Grindaino-ponpokopno-ponpokonno Chkymeino-chsuke

  6. Where Does The Money GO? by Anonymous Coward · · Score: 0

    I wonder if the Artists will get any of the Money!

    1. Re:Where Does The Money GO? by PIBM · · Score: 1

      They will most probably get to pay their share of the suit ( 62K$ ) and that's it ..

    2. Re:Where Does The Money GO? by Anonymous Coward · · Score: 0

      Don't know the tax laws in Finland (or how these sorts of debts can be shuffled in a multinational company), but I wouldn't be surprised if this ends up a a tax write off / subsidy once the debt is deemed uncollectable...

    3. Re:Where Does The Money GO? by DickBreath · · Score: 1

      The artists will only get a share if it is negative. It is a cost that artists must help fund. If it is positive, then it will be eaten up by "fees" called "Hollywood Accounting" and the artists get nothing.

      --

      I'll see your senator, and I'll raise you two judges.
  7. Throw him in debter's prison! by jfdavis668 · · Score: 0

    What, we don't have those anymore? Well, we need them back.

    1. Re:Throw him in debter's prison! by Anonymous Coward · · Score: 0

      Is Universal Basic Income protected against liabilities? I'm sure Leftists won't let this slide in their campaign of irresponsibility.

    2. Re:Throw him in debter's prison! by bluefoxlucid · · Score: 1

      In my Citizen's Dividend plan, I specify that the payment is not taxed as an income and is protected from garnishing and other attacks. Basically, the income is provided as the minimum means to live; if you get a job once you've moved into the hovel, we can take as much of your job money as we want and not drive you into the streets to rot. The strategic problem is then how much we can garnish without driving you to quit your job because it's just not worth working for so little benefit.

      It seems reasonable for something which replaces welfare and minimum wage; and removing the reciprocating taxation (the Dividend is paid for by a tax, and taxing it as income is taxing tax money!) allows us to reduce the amount of taxes required to provide it (if we taxed it at, say, 20% in total (17% + 3% general effective taxes), then it'd have to be 21.25%; but then we'd be taxing at 24%, so 22.36%; it approaches somewhere between 23% and 23.5% dedicated tax as a funding source, whereas untaxed it only needs a 17% funding source).

    3. Re:Throw him in debter's prison! by Anonymous Coward · · Score: 0

      I highly doubt it, since it's merely restitution for imaginary property privileges.

  8. hellseeki by Anonymous Coward · · Score: 0

    fuk accesory

    no way how to describe how sucks it is

  9. shared through is a helluva stretch. by nimbius · · Score: 5, Interesting

    Pirate Bay co-founder Peter Sunde has run into another setback.

    He also faces a fine of one million euros if the content continues to be shared via The Pirate Bay

    pretty extraordinary considering he hasnt been part of the pirate bay for nearly a fucking decade. Again, content isnt being shared, only metadata to acquire it from a distributed network of people who have it. Im sure the same media companies that employ metadata to track every iota of their customers lives are well versed in the concept.

    Sunde and Pirate Bay co-founders Fredrik Neij and Gottfrid Svartholm owe large sums of money to copyright holders following adverse decisions in cases dating back years.

    the point of this is you do not, and cannot win these court cases. The cases arent the point, its biblical retribution for anyone who even dares to challenge the protection racket of music and video. Most of the attorneys are just showing up to bleed the defendant dry and ruin as much of them as possible. Its harder to do in more liberal european nations, however its getting easier. Media companies have a direct in with the FBI and ICE. They can lobby to have your generally trustworthy host countries police force arrive in full tactical regalia to drag you in handcuffs to jail for a victimless crime. Kim Dot Com doesnt get to win his cases either. your money is confiscated, youre made to be tried in absentia, your case is as obfuscated as possible, and the judge has more chromosomes than a sperm bank.

    --
    Good people go to bed earlier.
    1. Re:shared through is a helluva stretch. by Anonymous Coward · · Score: 0

      To be honest, the "they're massive billion-dollar companies" defense is actually counterproductive. After all, from that point on they only have to make a convincing argument that you hurt their sales by 0.1% to get that million dollar in damages awarded.

      And the whole "metadata" argument is more a criminal defense than a civil defense. At best it keeps you out of jail. But as a record company lawyer in the civil suit I would just point out to the judge that the question isn't _how_ the damage was caused. I'd been arguing _how much_ damage was caused, and by whom.

      As for the continued sharing, you're generally on the hook for all damages caused by your past actions, even if those damages only materialize after that action and you are unable to prevent them. If there is a causal relation between your past act and the damage done, you are liable.

      Finally, by not showing up in civil court, you leave every claim uncontested, which means the judge can throw out only those claims where your opponent messed up the technicalities. Any reasonable claim will be awarded.

    2. Re:shared through is a helluva stretch. by Anonymous Coward · · Score: 1

      I'm from NZ, don't sing praises about Kim Dot Com. Its sickening. He deserves whats coming for him.
      While i originally would of had a soft spot for him, and while his arrest was farcical, hes long since burnt any good will i've and my nation has for him.

      While he had much of his assets frozen during the dispute, he was still allowed access and a stipend to allow him to pay for his extravagant lifestyle and legal fees.

      In the end he spent years and cost himself and the nation millions delaying the case over extradition to the US, millions of dollars trying to, and successfully buying out a elected political power (which then failed to get reelected as a direct result), and hundreds of thousands, publishing his own music album "Good times" https://en.wikipedia.org/wiki/Good_Times_(Kim_Dotcom_album)

      All this while he refused to pay his staff in his mansion even a minimum wage as set by our countries law, and ignored the invoices of contractors who did work for him (saying he was too poor to pay, yet could still find enough for him to jet off to a 5 star resort for a small holiday).

      So to say he was never given a fair chance in our court of law is naive

      The guy is scum, and while you can preach all you like about how torrents are not illegal, personal rights, and copyright laws being bad/evil. It won't change the fact that this guy is toxic.
      The sooner he gets extradited, the better off NZ will be. I have only pity for any country that then has to deal with him.

      The only good thing i can say about him is that he would make a fantastic bond villain, if the movie industry would ever hire him.

    3. Re:shared through is a helluva stretch. by nuckfuts · · Score: 1

      Again, content isnt being shared, only metadata to acquire it from a distributed network of people who have it.

      This argument always strikes me as being a bit weak. It's like saying if you clone my debit card and my PIN, you're not stealing my money, just the means of accessing a distributed network of machines that have access to my money.

    4. Re:shared through is a helluva stretch. by Anonymous Coward · · Score: 0

      Two things - one, in your case money IS being stolen. In the case of pirating content, nothing is being stolen. In the first case, you don't have your money, in the second the record label still has the music.

      It's a shoddy analogy anyway, but to keep with it for the moment: TPB aren't giving you the cloned debit card, they're just telling you where the cash machine is and maybe what the account number is. It's down to others to provide you with the card. They shouldn't be shut down for giving you a map of cash machines, and doing so wouldn't stop people from going to one and stealing your money anyway.

    5. Re:shared through is a helluva stretch. by Anonymous Coward · · Score: 0

      You don't have to be a nice guy to get rights even if what you say is true you do not decide who has the rights. wtf is wrong with you?
      How can America extradite a man who has never set foot in that country just because corporate jew over lords are pissed.
      America is just a bully
       

  10. In other news, by jenningsthecat · · Score: 4, Insightful

    the Federal government, along with some State governments, (most notably Florida's), has announced that distributors and sellers of firearms will henceforth be both civilly and criminally liable for injuries and deaths caused by guns and ammunition they have sold. Oh, wait...

    An individual can be hounded and sued into oblivion for providing a platform which others use to distribute copies of music and videos. Yet gun makers and sellers are held harmless, and continue to profit, while the products they sell result in illegal deaths on a more-than-hourly basis. So basically, the profits of music companies and movie studios are more important, in the eyes of the law, than the lives of average people. What a fucked up set of priorities in a thoroughly obscene legal system.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    1. Re:In other news, by Anonymous Coward · · Score: 3, Insightful

      I keep trying to make this point with cars and no one listens, its about time we held car manufactures and dealerships responsible for people driving irresponsibly and killing other motorists!

    2. Re:In other news, by Anonymous Coward · · Score: 1

      Just like those big bad fireworks. They jump out the package and kill people.

    3. Re:In other news, by AmiMoJo · · Score: 5, Insightful

      It was a default judgement because he didn't attend court, and it's obviously unenforceable. It includes a requirement for him to prevent further infringement, even though he doesn't run the site or have anything to do with it any more. And he certainly doesn't have the money and there is no way for the music industry to collect it.

      They are basically wasting their money and and the court's time, and meanwhile The Pirate Bay is going as strong as ever.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:In other news, by ogdenk · · Score: 3, Informative

      Just like ISP's need to be held liable for harboring terrorism by letting them pass encrypted e-mails. And Facebook should be liable for teenagers committing suicide over mean posts from their schoolmates.

      Gun and ammo manufacturers shouldn't be sued for the devices they sell working exactly as advertised. They should be sued when they fail to go bang when I pull the trigger. It's not the manufacturers fault if you decide to use their products to commit a crime. It's like suing a spray paint distributor for illegal graffiti. It's asinine.

    5. Re:In other news, by Anonymous Coward · · Score: 0

      Don't give them ideas, they'd love to make that happen...

      In other news, a British lawmaker was shot & stabbed. Clearly they don't have enough gun or knife control. From now on, knives need to be covered with a non-removable rubber safety edge and knife users must take classes on how not to stab people. Scary-looking knives have also been banned.

    6. Re:In other news, by Anonymous Coward · · Score: 0

      Imagine if we had a National Alcoholics Association. Sure, they'd fine the good fight on efforts to ban alcohol. But they'd also fight against drunk driving laws, selling alcohol to minors, try to simultaneously get people off from crimes because they were drunk, and generally call any attempt to limit anyone's consumption of alcohol as Prohibition and regulation.

      Meanwhile, you should actually look at some gun ads. They'll keep little Suzie safe because our guns don't accidentally misfire. And when you're not shooting criminals through doors who knock at them, you'll be part of the rally to remind the US government you're part of the largest militia^WArmy in the world. Very little information on what guns are "advertised" to do and more fear driven manipulations to get people to buy more guns. Hell, gun manufacturers love it when politicians talk gun control, even when it's only about keeping guns out of the hands of the mentally ill; odd how so many people who fear they'll be called mentally ill are so quick to buy guns whenever the subject comes up.

    7. Re:In other news, by Anonymous Coward · · Score: 0

      The difference with guns and cars is that firearms are made explicitly for killing living beings. Cars are first and foremost means of transportation.

      The death of someone caused by a car is a sad and unfortunate event resulting of an error. The death of someone by a firearm is just the device doing what it was made for.

      USA restrict the purchase of certain types of fertilizer and anyone caught selling some illegally gets thrown in jail. Why gun makers and sellers can't be under similar restrictions? I say if a gun shop sells firearms to someone visibly mentally unstable, I would want the seller to be blamed for indirectly participating at a murder.

    8. Re:In other news, by CanadianMacFan · · Score: 1

      Shouldn't the government be held more responsible for people driving irresponsibly as it was the organization that tested and permitted the person to drive in the first place.

    9. Re:In other news, by Anonymous Coward · · Score: 0

      Pretty much the same argument, the manufacture of the gun didn't intend for someone to use it to kill people just the same as the car manufacture didn't intend for the user to drive into a crowd of people, just because something can be used in a certain way doesn't mean the manufacture should be liable for someone using it in that manner. Can baseball bat manufactures be held responsible for someone using their product to bludgeon someone to death, the origins of bats came from clubs which were intended to cause harm to living beings. And we can go on about the legitimate uses of firearms, but lets not its a story we have all heard 100 times. But as far as holding a dealer responsible for selling to someone mentally unfit, how do we go about making sure dealers can judge the mental capability of someone from a 10 minute transaction? Does being a dealer now require a degree in psychology? Is there a do you harm small animals questionnaire before you can buy a gun now? You pretty much make the job of gun dealer automatically a criminal offense with laws like these, at some point even with the best diligence a gun you sell will be used illegally and with such a fluffy law all it takes is one anti-gun prosecutor to make an example out of you. Putting the responsibility on the gun dealer is not the answer, the best way to solve these issues are to help the individual before they even make the decision to buy a gun, but that would require the community to actually help the mentally disturbed instead of just pointing the finger and blaming everyone else for that individuals problems.

    10. Re: In other news, by Anonymous Coward · · Score: 0

      Ah, that? False flag operation. You know, Brexit is becoming a danger and measures had to be taken. That's the best job the Brits have done since Dunblane and most attacks attributed to the IRA.

    11. Re:In other news, by Tom · · Score: 2

      You don't understand them.

      They are not wasting money. They are ruining his life. He is in big debt now, with multiple court decisions against him, so a questionable legal history as well. What's he doing these days? Probably not making a great career.

      And that's the point. They don't give much of a fuck about him - they want to make sure that the next one will be too afraid. The same reason Assange is locked up in an embassy and Snowden now lives in Russia. It's all a message to the next would-be-hero to think hard if you really want to throw away your life for a bit of digital freedom.

      --
      Assorted stuff I do sometimes: Lemuria.org
    12. Re:In other news, by david_thornley · · Score: 1

      Ignoring the Second Amendment for the sake of argument, guns have significant legitimate uses. They can be used for hunting, shooting at the range, and self-defense, all of which are legal in the US, and lots of people do use guns for those purposes.

      It's easy to use guns to commit crimes. I suspect a gun seller would be in trouble if he or she sold a weapon with the knowledge that it was going to be used illegally, or if the purchaser did not have the right to carry a firearm.

      From a legal point of view, the right comparison is someone who helps other people violate copyright on a massive scale vs. someone who hangs around in bad neighborhoods and sells guns to known criminals who clearly intend to do something illegal with them. I think that, if both were caught, the latter guy would be in more trouble than the former.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    13. Re:In other news, by TroII · · Score: 1

      Imagine if we had a National Alcoholics Association. Sure, they'd fine the good fight on efforts to ban alcohol. But they'd also fight against drunk driving laws, selling alcohol to minors, try to simultaneously get people off from crimes because they were drunk, and generally call any attempt to limit anyone's consumption of alcohol as Prohibition and regulation.

      Are you suggesting that the NRA lobbies against murder laws, or to repeal laws that prohibit firearm sales to minors? Do you believe the NRA hires defense lawyers for people who shoot other people, trying to get them acquitted? Because the NRA does none of those things, and if you believe they do, I'm afraid you've drank too much Kool-Aid. Maybe you could try a nice whiskey instead.

    14. Re:In other news, by Anonymous Coward · · Score: 0

      You forgot intention. The gun salesman isn't intending that the buyer will go on a shooting spree, and it would be nigh impossible to prove otherwise. But if you're building a filesharing platform for whatever reason, it's much easier to "prove" you intended infringement. Which of these two scenarios do you think a lawyer will have an easier time with convincing a jury?

    15. Re:In other news, by Anonymous Coward · · Score: 0

      Sorry One thing about the anti gun movement in America in spite of the mass shootings gun violence is going down while reporting on gun violence is going up.
      The anti-gun people add suicides gun deaths to the tally and that is dishonest.
      people committing suicide will use what ever is on hand it is not fair to include them.
      I am not pro gun as much as i am anti-bullshit no movement is worth lying for.

      BTW not a gun owner but i do like guns and have made no effort to buy a gun ever.

    16. Re:In other news, by Anonymous Coward · · Score: 0

      FOR THE CLUELESS gun control is for the law abiding how can humans get dumber?

      Did you think the street criminal would stop at getting a gun because armed robbery was only ok until the gun ban?

      we have gun control because politician are puppets and the ignorant masses want the illusion of security and will happily throw away every fucking freedom for it.

      and to the follow up question from the moron yes there should be limits on guns but putting people in a position where they cannot defend themselves is also not the answer.
      Only people afraid of guns are the ones who did learn to use them.
      I do not own a gun i did grow up learning to shoot from 6 or 7 years of age. do i like guns ya sure do i want one not really but i should have some chose?
         

    17. Re:In other news, by ebvwfbw · · Score: 1

      Stick to your point. There is no constitutional right to free music. There is for guns. If you start holding firearms makers liable for the misuse, now you've done it. Someone could bake a pie and sell it, well if that pie is used to kill someone they're liable? Of course not. In your world they are. I own many guns, I've fired many thousands of rounds over 4 decades and I have yet to kill anyone. I use them to punch a hole in a piece of paper. I suppose you can think of it as athletic equipment. Like a foil, saber, soccer ball, jump rope, baseball bat. There's one for you, hold the baseball bat company liable if their baseball bat is used to kill someone? That's happened a bunch of times. As long as it isn't defective, no problem.

      You want to make a point with this case, let's stick with things to do with this case.

  11. Copyright terms are immoral by headkase · · Score: 4, Interesting

    I'll have some respect for copyright when the terms aren't life of the author plus 75 years. That's ridiculous. If someone makes a work today, I'll have been dead 50 odd years before it's in the public domain - assuming, a big assumption, that the shill maximalists don't get the terms extended even more towards perpetuity.

    Current terms are also theft: they are the theft of things that could have been. If terms were 20 years then at that mark new works could be created by anyone who would wish and their work would then get 20 years. You want to see an explosion of culture? Look at that right there. Creative works that take ideas in ways the original author couldn't conceive of or didn't think was worth the money. 20 year term: and I will never infringe again, unjust terms bring all of copyright into contempt.

    For a free (pdf download) of a book which explains the issue in detail, see: The Public Domain.

    --
    Shh.
    1. Re:Copyright terms are immoral by Joe_Dragon · · Score: 4, Insightful

      renewal fees make them vary low for the first 20 years and then after that start jacking them up. So that Disney can keep the mouse as long as they are willing to pay for it. But joe bob's B movie that bombed is not locked up for 75+ years.

    2. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      I had a teacher tell me I was bad at math. He STOLE my potential physicist future and potential six figure income and I demand damages on my potential possibilities. We also need laws in place to PROTECT the FREEDOMS and RIGHTS and imaginary PROPERTY of people being stolen from, our clients are entitled to... actually, anything and everything under the sun once we convince the judge.

      What? I'm dead? Oh, just pay the money into my coffin, the pile of flesh inside still has the rights my living self had.

    3. Re:Copyright terms are immoral by DNS-and-BIND · · Score: 1

      It's because of Mickey Mouse. Copyright will never retract to expose Mickey Mouse to the public domain, no matter how destructive it is to the rest of society. Disney is too big and has enough legislators. You can rail on and on about injustice, but it's all about Mickey Mouse. He was created in 1928 and copyright is never going past that year until Disney goes out of business.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    4. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      I think you're missing the actual Constitutional basis for copyright:

      To promote the progress of homicidal science and the useful arts of killing authors by securing for limited times, calculated from lifespan, to authors and inventors the exclusive right to their respective writings and discoveries.

      If you want something to become public domain in your lifetime, you just have to get to work.

    5. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      The fact that this "right" is bound by arbitrary timelines proves that it's not a right at all - it's a government-granted privilege.

    6. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      Whoah whoah whoah partner! Nobody voted on your right to be a physicist. Voting is how we determine what your rights are, because it results in better protection of your rights than feudalism does. Why do you like feudalism so much?

    7. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      I think Disney should be allowed to keep Steamboat Mickey or whatever for however long they like. But they should have to renew it every 5 years. For a fee. Because Uncle Sam's got to get his.

      And if they stop making the work commercially available for more than 90 continuous days or for more than 180 non-continuous days within a 5 year renewal term, then the copyright is no longer renewable. So no more "we're going to lock it in our vault for 20 years until it becomes profitable again and then we'll flog it for a few more bucks" bullshit. You either sell it and keep the rights to it, or you turn over the rights to everyone and let them do with it as they see fit. Including Rule 34.

    8. Re:Copyright terms are immoral by Anonymous Coward · · Score: 0

      Challenge accepted.

    9. Re:Copyright terms are immoral by Khashishi · · Score: 1

      Would I have to pay copyright fees to every country I want protection in?

  12. Not quite automatic. Judge hears one side of the s by raymorris · · Score: 1

    If you don't show up to tell your side of the story when ordered to, so the judge only hears one side, what do you expect would happen?

    A default judgement isn't quite automatic - the plaintiff needs to put forth a reasonable claim in the written filing, and typically the judge takes a couple of minutes at trial time to see that the claim appears somewhat reasonable.

    My divorce is a good example. My ex-wife signed showing that she knew about the hearing and choose not to attend. I presented a division of property which I said my wife and I had agreed to. The judge asked maybe five or six questions to see if there was any clear unfairness, which took five or six minutes, and it was done. If my ex wanted to dispute it, she had the opportunity to do so. She choose not to speak, to have the judge hear only from me.

    In fact I was fair to my ex-wife, but how can the judge be sure if she chooses to not show up? Should the judge waste more of her time on it if my ex decided it wasn't worth taking two hours to show up?

  13. Life of grandchildren by tepples · · Score: 1

    The copyright term approximates the life of the author's grandchildren on grounds that those descendants who had personal contact with the author are in the best position to exploit the work as the author intended. The "life of grandchildren" rationale dates back to the nineteenth century. Starting in the 1990s, it was extended in many countries from 50 years after the death of the author to 70 on grounds of drastic improvement in health care over the twentieth century, which allows authors and their children to reproduce later. But until medicine breaks the menopause barrier, a subsequent extension is not justified without abandoning life of grandchildren as the rationale.

    1. Re:Life of grandchildren by bluefoxlucid · · Score: 1

      That's an appeal to tradition. I posit that copyright works spread much faster, and exploiting the distribution of copyright happens at a much higher rate. Your works get old faster, and so terms should now be shorter. QED.

    2. Re:Life of grandchildren by C0R1D4N · · Score: 2

      The grandchildren can just market it as "The way our grandfather intended it to be!" They don't need exclusivity. Or how about this, make a standard open license for works between 20 years old and life of author +75 years where x% of the gross goes to the original author or their estate?

    3. Re:Life of grandchildren by tepples · · Score: 1

      That's an appeal to tradition.

      A fallacy that unfortunately is very popular with legislatures and with the publishers that fund the reelection campaigns of elected legislators.

    4. Re:Life of grandchildren by bluefoxlucid · · Score: 1

      It's not a bad data point. We learn from tradition: we learn by reviewing what we've done. That's an important process.

      I do a lot of economics in my free time, and I often explain minimum wage and welfare as such: societies develop wealth by technical progress, with wealth representing the production per capita (often approximated by GDP-per-capita or simply "The amount of stuff available per person"); various strategies for minimum standards of living and social safety nets incur various costs per capita; the cost taken, thus, must not exceed a certain proportion of the total wealth, or the system destabilizes, the need increases, and poverty becomes rampant. Thus newer systems such as single-payer healthcare and UBI are good systems in sufficiently-wealthy economies where they're both viable and overall better than old systems; and old systems which are now defunct and have *always* carried a cost (harmful) were better than *all* viable alternatives during some prior period in which those economies were less-wealthy.

      Maybe the author's grandchildren aren't in the best position to exploit his works. Maybe the author's children or otherwise his immediate family are in the best position to exploit his works. Books now get printed, sold online, and shipped around; the scifi revolution happened in the 70s, not in 1902, and authors were unable to keep up with the demand for new books. Brandon Sanderson can't keep up with the demands of his fanbase, even as other authors struggle to attract attention for themselves; the person most positioned to exploit Sanderson's work will be Brandon Sanderson, thanks to the Internet, the amount of free time people have (the 8-hour work day was uncommon until after WW2!), the interest in the material, the method of marketing, and so forth. We can compare the past to the present and validate the old arguments against the new to trace what has changed and decide if the changes matter.

  14. Eminent domain by tepples · · Score: 1

    Or how about this, make a standard open license for works between 20 years old and life of author +75 years where x% of the gross goes to the original author or their estate?

    In other words, under your proposal, a work would enter the eminent domain before entering the public domain. Then let the debate commence of what royalty rate constitutes "just compensation" pursuant to the Fifth Amendment to the U.S. Constitution and foreign counterparts, especially in fields without enough liquidity in the license market to establish a fair market value and in cases of non-commercial sharing where the gross is zero.

  15. Mickey Mouse, not grandchildren by Uberbah · · Score: 4, Interesting

    The copyright term approximates the life of the author's grandchildren

    Tolkien's grandkids don't have the money to buy off Congress every time The Hobbit inches towards public domain. Disney and Time Warner, do.

    Starting in the 1990s, it was extended in many countries from 50 years after the death of the author to 70 on grounds of drastic improvement in health care over the twentieth century, which allows authors and their children to reproduce later.

    Which makes a mockery of copyrights, at least as to how they came about in the U.S. The whole point is to have an exclusive, but time limited control over the reproduction of works to encourage creation. Locking up ideas for a century or more is the antithesis of that.

    A good example here is Disney itself - FIFTY of their movies have been based on public domain works. Many of which, like the Jungle Book and Alice in Wonderland, they couldn't have made if current copyright laws were in place at the time.

    1. Re:Mickey Mouse, not grandchildren by Anonymous Coward · · Score: 0

      Which makes a mockery of copyrights, at least as to how they came about in the U.S. The whole point is to have an exclusive, but time limited control over the reproduction of works to encourage creation. Locking up ideas for a century or more is the antithesis of that.

      This is probably the wrong way to look at it, at least for copyright (patent might be different).

      There is no reason not to give real human authors or creators a share of any use of their works, during their lifetime, that makes money or equivalent compensation. If you're selling another person's work, you should have to pay them, provided they are a real human being. This even includes non-profit activity: if the non-profit organization is getting money or other donations in return for 'distributing' somebody's creative work: that's really no different from commercial usage.

      We start getting massive problems once we, as a society, decide to allow these rights to be transferred over the long term via contract or other mechanism to a corporation or a third party. These organizations have way too much influence over the legal profession and the government, and can get all kinds of unethical and illegal laws and precedents passed or written in their favor, as we have seen over and over and over again.

      It's a lot like the influence the slave owners had in getting slavery continued in the legal system in a nation founded to protect the rights of man.

      It's pretty clear the lobbying done by associations of lawyers is both preventing legislative reform of the law, and also ensuring nobody gets selected to be a judge that will actually do their job with respect to these issues.

      The matter of limited duration should primarily apply to any contracts with third parties (anybody other than the creators), to transfer of rights in the event of death to one's heirs, and to when people can start freely transferring the work of others. To be consistent with the right to ethical practice of law, this period certainly shouldn't be more than 20 years - long term persistence clutters up the legal system, creating an artificial demand for the services of lawyers, and hence is unethical.

      Work done for hire should revert to the people that actually did the work after 20 years, perhaps with even shares for all persons in the event of multiple creators, for sake of simplicity.

      There might be a special exception to encourage release of higher quality versions of a work then the public would otherwise have access to, but this would have to be handled carefully.

      The lawyers, of course, don't want any of this - since they stand to make so much more money off the corporations, and off contract law in general, they want to have the scope of contract law be as broad as possible, both with respect to what can be put into contracts, and contract duration. It's a classic example of ethical conflict of interest. Unfortunately, these kinds of ethics problems tend to be a cancer in the legal system, and in the current global economy the disease is spreading to other countries.

      Since the right to ethical practice of law is certainly a right retained by the people (9th Amendment), this also means that US copyright law in its current form is an illegal law, and the lawyers enforcing it are violating their oaths to uphold the Bill of Rights.

      Since the right to ethical practice of law is an universal and inalienable human right in any society based on the rule of law, this means that other countries following the unethical US model (for copyright) are also engaged in wrongful conduct.

      We could have some rights for authors that lasted longer than 20 years, things like protecting a work from unauthorized use in, for example, a porn film, where the author of the original work might feel their reputation was hurt by the use. This would have to be handled carefully.

    2. Re:Mickey Mouse, not grandchildren by Uberbah · · Score: 1

      There is no reason not to give real human authors or creators a share of any use of their works, during their lifetime, that makes money or equivalent compensation.

      Other than the fact that those authors and creators received inspiration from previous authors and creators - which they wouldn't be able to sell if that previous work was locked up in perpetual copyright.

      We start getting massive problems once we, as a society, decide to allow these rights to be transferred over the long term via contract or other mechanism to a corporation or a third party.

      Corporate interests are big part of the problem - but what's the difference going to be in the end if the copyright term is 20 years or 200 years?

      20 years: Disney waits for something to fall into the public domain (like Harry Potter), at which point they pimp the shit out their own version for 20 years.

      200 years: author has to do all his own marketing and promotion, or sell his work to a corporation for what will be a pittance in the end - just ask the author of Forrest Gump.

  16. Judges and juries are fucking retarded by Anonymous Coward · · Score: 0

    Nothing was hosted or shared on the pirate bay.

    It's cool though, I know many people who haven't given a dime to entertainment companies in over a decade, and will continue not giving them a single dime ever again.

    1. Re:Judges and juries are fucking retarded by Anonymous Coward · · Score: 0

      That's the fun of default judgements

  17. Not enough damages by GeekWithAKnife · · Score: 1


    If records labels are to be believed they have lost hundreds of millions of dollars a year.

    Looking at some of the later figures it seems they have lost more money than the music industry is worth.

    Imagine an average person that was wrong in such a way; having lost more money than he could make even when counting his friends claimed salaries put together. Wouldn't you demand at least more money than the damages have caused?

    The poor label will now have to rebuild their shattered empire on a mere $395k + stamps and change.

    I still remember those days when the RIAA website was hacked and they kindly offered everyone a chance to download and appreciate the good music of Linkin Park. Why would anyone want to wrong these generous individuals is simply beyond me.


    My heart really goes out to these honest, hard working folk. When I read of their suffering I weep.

    It doesn't matter I guess because in the end justice was served, was it not? all the record labels won. I salute your victory in ASCII:

    \o/

    --
    A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
  18. so not using pirate sites is BS by frovingslosh · · Score: 1

    Wow. I sure wish I had known this was coming. I didn't use pirate sites like the Pirate bay since "they" told me it was stealing and I didn't want to risk involvement with that. If I had know that, had I used the site to get "free music" one of the founders would eventually pay for my music, I sure would have used the site gladly! Well, now I know. I'll start using pirate sites like the Pirate Bay right away (still won't use criminal sites like E-Bay though).

    --
    I'm an American. I love this country and the freedoms that we used to have.
  19. Re:Not quite automatic. Judge hears one side of th by Anonymous Coward · · Score: 0

    If you don't show up to tell your side of the story when ordered to, so the judge only hears one side, what do you expect would happen?

    Dunno, what would happen if a North Korean court ordered you to show up and you just ignored them?
    Finland is not Sweden and I doubt that they have routines to serve legal documents to other countries.
    They can hardly go through the Swedish legal system since Sunde already served a prison sentence and you can't be punished twice for the same crime.

  20. ez pay by Anonymous Coward · · Score: 0

    send them one cd. the record labels say that's worth millions when it's them vs consumers.

  21. Corrupt by Anonymous Coward · · Score: 0

    How much did the MAFIAA pay the judge?