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The "Other Thread"
alethiophile
Member #9,349
December 2007
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The original copyright laws came about in the age of the printing press, when it was feasible to distribute large amounts of information, but only for publishers (who could afford printing presses and operation costs). It was designed to prevent other publishers from stealing work from authors and publishers who already had an agreement. Copyright, as it was originally intended, applied only to corporations. Quoting an article I found on the Web, "Telling [consumers] they weren't allowed to reprint a book was about as meaningful as telling them they couldn't have it laser-etched on the surface of the Moon." It was the new technology of first, the photocopier, and then computers and the Internet that allowed people to copy things large-scale, and copyright laws were changed by corporations to apply more to people, and also to apply to free distribution as well as resale for profit.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

Arthur Kalliokoski
Second in Command
February 2005
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I can't find it now, but Sony (?) says it's "piracy" to rip tracks from CD's you purchased in a store to save on your hard disk. I do this myself for the convenience of not having to find the cd and swap it into the drive.

People with all the money effectively make the laws because they can afford the shysters lawyers, and make bribes political contributions.

They all watch too much MSNBC... they get ideas.

bamccaig
Member #7,536
July 2006
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Arthur Kalliokoski said:

I can't find it now, but Sony (?) says it's "piracy" to rip tracks from CD's you purchased in a store to save on your hard disk. I do this myself for the convenience of not having to find the cd and swap it into the drive.

Technically, it is. With a copy on your hard disk the music can now be listened to in two different locations. That is illegal, the same way it is illegal to install a single PC licensed version of Windows or Office on more than one PC. I don't think the distributors would have a problem with you ripping the music to the hard drive to listen to more conveniently, but there's no guarantee that you won't be sharing it (i.e. if you have the music on my computer you could theoretically give the CD away or sell it and still have the music, robbing the music industry of a potential sale).

Arthur Kalliokoski said:

People with all the money effectively make the laws because...

If you can't accept what I said above as a valid argument then there's no point debating piracy with you. If people are free to copy and distribute IP then that will take away from the industries based on IP and the industries will not be able to sustain themselves. Since you can't guarantee that the CD and hdd copy will never be simultaneously used or perhaps shared or resold in some way then they can't permit people to make copies of the IP. They probably won't go after you for simply making a copy onto your PC for convenience, but if you're sharing that copy with anybody or distributing copies then it's piracy and it is wrong. Period.

I rip all of my CDs to my hard drive as well as my iPod, but I don't share them with anybody else. I'm the only one that uses them.

alethiophile
Member #9,349
December 2007
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I very much doubt that the million-dollar music industry will be crippled by a few people sharing songs. And the whole point of my argument is that it is inappropriate to use copyright laws (that seems to be the point under issue, as neither trademark nor patent fit the discussion) whose original point was to prevent other publishers from publishing work already being published by another publisher to jump on consumers. Even assuming the legitimacy of current copyright laws, companies are using them plain immorally. For instance, a person who wrote a less-buggy search engine for people's public folders on a LAN was sued for piracy because some people put allegedly pirated content in their public folders. A site that hosted links to TV shows online was taken down and its proprietor arrested. The RIAA and MPAA etc. are making copyright into a tool to completely control the use of content that they don't even write, inconceivably far outside the original or reasonable boundaries of intellectual property, and people who blame the issue on "pirates" are aiding and abetting them.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

bamccaig
Member #7,536
July 2006
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alethiophile said:

For instance, a person who wrote a less-buggy search engine for people's public folders on a LAN was sued for piracy because some people put allegedly pirated content in their public folders.

I doubt that happened, but if it did it would be an easy case to defend. Obviously "writing a search engine for public folders" isn't in itself a crime (although depending on the platform, etc., perhaps there was reverse engineering happening or something... I don't know). IMO, the crime was placing those IP files in the shared folder [and copying those files from the shared folder]. I think that the companies that produce and distribute IP are still very new to the new ways that people can pirate the IP so they're making mistakes trying to prosecute offenders. That doesn't excuse piracy. It doesn't.

alethiophile said:

A site that hosted links to TV shows online was taken down and its proprietor arrested.

I agree with this one. If the site was intended to provide links to pirated IP then I would say they were involved in the piracy (they were assisting in the distribution of the pirated IP). If the site was just a generic site where users were posting links to pirated IP then I would say deleting the posts and perhaps punishing the users would suffice.

alethiophile
Member #9,349
December 2007
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If you can be punished for linking to pirated content, then the entire Web is illegal. If a person is not hosting pirated content, then it completely inappropriate to punish them for it.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

Vanneto
Member #8,643
May 2007

In capitalist America bank robs you.

alethiophile
Member #9,349
December 2007
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;D8-)

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

bamccaig
Member #7,536
July 2006
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alethiophile said:

If you can be punished for linking to pirated content, then the entire Web is illegal. If a person is not hosting pirated content, then it completely inappropriate to punish them for it.

There's a difference between a user posting a link to pirated IP on a site and a site being created for the purpose of linking to pirated IP. In the first instance, the administrators or moderators might be asked to remove the link and perhaps the user might be tracked down -- the crime committed, if any, was the user posting the link (and the user might not have realized that the IP was pirated; a slap on the wrists at most, unless the user has shown intent to distribute pirated works in which case I'd support more severe punishment). In the second instance, the entire site should be taken down for intentionally assisting in the distribution of pirated IP. The owners/administrators/moderators could all be tracked down and punished and perhaps even the users of the site. Anybody that was willingly assisting in the distribution of pirated IP is guilty IMO. Again, for some users a slap on the wrist would suffice, but for other more involved users and for the owners/administrators/moderators they really have no excuse for doing what they do.

I'm curious what you do for a living. I might be able to put things into terms you'd understand.

/indirectly-related
Something to consider when thinking about morals on the Internet.

Kibiz0r
Member #6,203
September 2005
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Quote:

Since you can't guarantee that the CD and hdd copy will never be simultaneously used or perhaps shared or resold in some way then they can't permit people to make copies of the IP.

It's actually in most EULAs that you are allowed to make a copy for archival purposes. However, this is also in violation of the DMCA, which says that any digital retransmission of any signal that is copyrighted is illegal.

But anyways, bamccaig, this thread is about the validity of IP law as a whole, not petty stuff like whether you should be allowed to have a backup copy of something.

The only justification I've seen from you besides "it is illegal" and "piracy is wrong" is "If people are free to copy and distribute IP then that will take away from the industries based on IP and the industries will not be able to sustain themselves."

You're correct that the industries based on IP will not be able to sustain themselves, but who gives a flying fuck about them? They're just going to use the money to sue people. It's the people who produce the IP we should care about, since what we're led to believe is that IP is about protecting the creator.

If you meant your quote to extend to the creators, too, then here are 4 reasons you're wrong.

Nigeria: Huge film business, pioneered direct to DVD as first line of release, no copyright law.

Brazil: Huge remix culture, producers remix existing songs (and make original songs, too) and give them (as in, for free) to street vendors, who copy and sell them. The producers don't see a penny of it. The CDs are just promotion for live shows.

Radiohead: Ditched label, sold album as "pay whatever you want" on website. No official numbers, but the unofficial numbers say 40% paid, paying $6 on average worldwide, $8 in the US. They would see about $2 from a CD sale while signed with a label.

And it's not like the freeloaders were a lost cause, either. Some of them probably wouldn't have bought the album anyways, or perhaps had never listened to Radiohead. Some of them also might've been like me and waited to spend money on the physical release.

NIN: Released a compilation called Ghosts for free, under Creative Commons, made 1.6 million dollars in a week from donations. That would not happen under a label.

alethiophile
Member #9,349
December 2007
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bamccaig said:

Anybody that was willingly assisting in the distribution of pirated IP is guilty IMO. Again, for some users a slap on the wrist would suffice, but for other more involved users and for the owners/administrators/moderators they really have no excuse for doing what they do.

Why? Even if not posting unauthorized IP, people are guilty for linking to it? So will people next be guilty for telling people about it? Assume that the person expresses the wish that more people go to the site and download it. The idea of outlawing links to unauthorized copyrighted material goes dangerously far down a road that leads to 1984. Anyway, the First Amendment explicitly protects people who simply link to material, as linking is simply a technological way of telling people the URL.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

Thomas Fjellstrom
Member #476
June 2000
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Quote:

However, this is also in violation of the DMCA, which says that any digital retransmission of any signal that is copyrighted is illegal.

Slight error, its anything that is copyprotected as in theres some form of technological lock in place, which would need circumvented. Like DRM.

--
Thomas Fjellstrom - [website] - [email] - [Allegro Wiki] - [Allegro TODO]
"If you can't think of a better solution, don't try to make a better solution." -- weapon_S
"The less evidence we have for what we believe is certain, the more violently we defend beliefs against those who don't agree" -- https://twitter.com/neiltyson/status/592870205409353730

bamccaig
Member #7,536
July 2006
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Kibiz0r said:

If you meant your quote to extend to the creators, too, then here are 4 reasons you're wrong.

Firstly, those look like examples of artists that have been financially rewarded for free offerings; not reasons why artists can survive without restricting the copying of their IP.

Secondly, there is a slight problem with the figures other artists have seen through donations, IMO. It's a new strategy being taste tested; allowing consumers to have the product for free and donate. Undoubtedly, a fair piece of those donations were from pirates that are trying to promote the idea. Do you honestly believe that people will be so generous when everything is free? The answer is simply no. If people don't have to pay they probably won't. Consider Yves; he claims that he can afford to pay for IP, but chooses to pirate instead (including stuff he says he really likes, IIRC). There's also the issue of the location where people are getting the IP from. Sure, if you're downloading it from the official Web site with donate here sections then it's a little bit more convenient and effortless to donate. However, if the consumers are getting the IP through file sharing or some other means of distribution the donation interface is lost. Some of the major fans might find their way to the site to contribute, but the majority of consumers won't care enough to.

Thomas Fjellstrom
Member #476
June 2000
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Quote:

Do you honestly believe that people will be so generous when everything is free? The answer is simply no.

Fuck free, I just want "not exorbently expensive". $15-25 for a stinking CD with maybe one good song on it? I think not. Give it to me for $5 or less and I'll be happy to buy more than one. Or let me by tracks in singles, with no DRM (kthx), and I'l buy many.

As it is, I'm happy to take advandage of Canadas music media levy.

And besides that latest exparement made most of its money from upselling the Special Edition Box set. Most people downloaded the free samples, many people bought one or more of the other albums, and several thousand (I think) bought the box set for something like $300 a pop.

--
Thomas Fjellstrom - [website] - [email] - [Allegro Wiki] - [Allegro TODO]
"If you can't think of a better solution, don't try to make a better solution." -- weapon_S
"The less evidence we have for what we believe is certain, the more violently we defend beliefs against those who don't agree" -- https://twitter.com/neiltyson/status/592870205409353730

bamccaig
Member #7,536
July 2006
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I've only made a few bad CD purchases because I take my time before buying them and thus far have been mostly satisfied paying anywhere from $9-25+. I agree, $18 is a lot to pay for a single song and that's why I generally go without until I'm confident that the album is worth the purchase. However, there are online stores that offer DRM-free songs so that's not a very good excuse.

alethiophile
Member #9,349
December 2007
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I think it is possible for a creator to make a living on non-copy-protected content. I think it is ridiculous for you to say that people would make especial payments for something just to promote the idea that it is possible to.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

Thomas Fjellstrom
Member #476
June 2000
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Quote:

However, there are online stores that offer DRM-free songs so that's not a very good excuse.

Sure, NOW. Does Yahoo or who ever take Paypal? I've ordered some music from Magnatune, great quality stuff.

--
Thomas Fjellstrom - [website] - [email] - [Allegro Wiki] - [Allegro TODO]
"If you can't think of a better solution, don't try to make a better solution." -- weapon_S
"The less evidence we have for what we believe is certain, the more violently we defend beliefs against those who don't agree" -- https://twitter.com/neiltyson/status/592870205409353730

Arthur Kalliokoski
Second in Command
February 2005
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They all watch too much MSNBC... they get ideas.

alethiophile
Member #9,349
December 2007
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I love that whole site. ;D

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

Gr4|\|f
Member #9,499
February 2008
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WHat if i have an m4p file that i want to make an mp3, but the software is 100 dollars? is it wrong to get the song of FrostWire? I already paid for it.

Ping me @ 127.0.0.1

bamccaig
Member #7,536
July 2006
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Gr4|\|f said:

WHat if i have an m4p file that i want to make an mp3, but the software is 100 dollars? is it wrong to get the song of FrostWire? I already paid for it.

Try ffmpeg or pacpl. In both the cases of converting and fetching another copy of the song, the quality and license of the original song would have an effect on the legal and ethical status of both activities though. Perhaps you paid for a low quality copy of the song, but fetch a higher quality version for free. Or perhaps the cost for the song was reduced because of the closed format, with the intent of limiting it's use. I'd say there are a lot of variables to consider. ;)

Thomas Fjellstrom
Member #476
June 2000
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That of course assumes the licence is legal and enforceable. And you can't assume either till its been tested.

--
Thomas Fjellstrom - [website] - [email] - [Allegro Wiki] - [Allegro TODO]
"If you can't think of a better solution, don't try to make a better solution." -- weapon_S
"The less evidence we have for what we believe is certain, the more violently we defend beliefs against those who don't agree" -- https://twitter.com/neiltyson/status/592870205409353730

alethiophile
Member #9,349
December 2007
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If someone is dumb enough, in a world in which "hackers" in the original sense are largely libertarian in the sense of not liking overmuch authority, to try to enforce their own draconian use restrictions with technology, that's their lookout. Which, incidentally, is why I hate the DMCA, because it criminalizes circumventing DRM, and thus allows providers to basically write and have enforced by the federal gvmt. their own copyright law.

--
Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup.
C++: An octopus made by nailing extra legs onto a dog.
I am the Lightning-Struck Penguin of Doom.

bamccaig
Member #7,536
July 2006
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AFAIK, if you write a piece of software you can license that software anyway you want. If people want to use the software they must agree to the terms of use. Why should music be any different?

Thomas Fjellstrom
Member #476
June 2000
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Quote:

AFAIK, if you write a piece of software you can license that software anyway you want. If people want to use the software they must agree to the terms of use. Why should music be any different?

Those licences haven't been tested fully. so no no one truly knows if they are legally binding. And the shrink wrap licences are almost deffinitely not legally binding. In fact, in some states are are invalid. And for good reason. how can you be bound to a licence you can't read till you agree to the licence by opening the package?

Thats the kind of stupid crap most licences have in them.

--
Thomas Fjellstrom - [website] - [email] - [Allegro Wiki] - [Allegro TODO]
"If you can't think of a better solution, don't try to make a better solution." -- weapon_S
"The less evidence we have for what we believe is certain, the more violently we defend beliefs against those who don't agree" -- https://twitter.com/neiltyson/status/592870205409353730



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