Internet must remain free!!! STOP ACTA!

jrm said:
But is it justified to prosecute MegaUpload for providing, in itself, a legal service?
MegaUpload knowingly and willingly allowed illegal files to be up/downloaded to their site. If a handgun manufacturer knowingly and willingly sold guns to criminals, you would look at them in a different light, too, wouldn't you?

I'd have to double check but didn't MU also participate in some sort of payment plan for the illegal uploads?
 
drhowarddrfine said:
MegaUpload knowingly and willingly allowed illegal files to be up/downloaded to their site.

Those files are not necessarily illegal in all jurisdictions. For example, in Canada it can be argued that downloading music files for personal use is legal because of a levy on blank media[1].

drhowarddrfine said:
I'd have to double check but didn't MU also participate in some sort of payment plan for the illegal uploads?

As I said earlier, I've never used MegaUpload, so I have no idea what they did. My argument is more general. I think you are saying that if an entity provides a means to exchange information and those that provide the information break laws in some jurisdictions then that entity should be prosecuted if they are aware laws are being broken. In other words, you think they should police themselves. Maybe they should, but this could be challenging. I also think we have to be very careful. Those that created bittorrent are certainly aware of copywritten material on bittorrent. Should they be prosecuted as well?

[1] http://www.cbc.ca/news/yourinterview/2008/04/michael_geist.html
 
jrm said:
Those files are not necessarily illegal in all jurisdictions. For example, in Canada it can be argued that downloading music files for personal use is legal because of a levy on blank media[1].
I'm sure copying files of music you did not purchase is illegal in almost every country. At least from my reading, copyright laws are in every country.

Just read your link and it's not clear what he's talking about. I believe he's talking about making copies of music someone paid for, not making copies of music you did not pay for.
In other words, you think they should police themselves. Maybe they should, but this could be challenging.
The headlines today talk of a number of similar services doing just that. Perhaps it is challenging but they are in that business so they will have to do what is necessary.
Those that created bittorrent are certainly aware of copywritten material on bittorrent. Should they be prosecuted as well?
They have been for many years. Someone will remember for me the name of that file sharing program everyone used which eventually went legit but is a mere shell of itself now. A number of people getting arrested shows up in the news now and again.

Coincidentally, my son is directing a play in Chicago. It's his first professional play since getting out of college but it's definitely small stuff. I went there this weekend to help him with some props. He was talking about the music they were using and he casually mentioned the cost of the music they were paying to use. Just three 15-second blurbs for a one-act play by some no-name people on a no-name stage in the middle of nowhere. No one would ever know but he's paying the artist online for it.
 
They have been for many years. Someone will remember for me the name of that file sharing program everyone used which eventually went legit but is a mere shell of itself now. A number of people getting arrested shows up in the news now and again.

Could you provide a reference to an actual case against a developer of the bittorrent protocol, I get the feeling that what you're referring to are just users of BT or developers of client software for BT.
 
drhowarddrfine said:
I'm sure copying files of music you did not purchase is illegal in almost every country. At least from my reading, copyright laws are in every country.
As is "fair use". Here, I am allowed to give a copy from my legally bought CDs to my family. Since the family is spread around a bit, I can upload it. I can even use such a cloud storage for backup purpose - and that is still legal. The hoster has no way to check if the uploader has the right to do so and the downloader is different from the uploader.

To be clear on this, I do not use MU and I have pretty good reason to disliky Kim.
But I also do not like this "that's illegal here im BumF***, West Virginia. Jail them!" attitude. Other countries have other laws.


drhowarddrfine said:
If the ferry company, et al, were aware they were transporting stuff to commit crimes, you can be sure there would be all kinds of hell coming down on them. Like I said, MU was aware what they were doing and all kinds of hell came down on them.

As is an airline. Or do you think they do baggage checks for fun?
And still sometimes you read about someone passing customs with come kilos of coke.
So it does happen, they know it, everybody knows it.
 
Crivens said:
But I also do not like this "that's illegal here im BumF***, West Virginia. Jail them!" attitude. Other countries have other laws.
Hence the problem. In the USA, artists are paid for their work. If you download without paying for it, the artist never gets paid. The problem is prevalent in countries foreign to the US so, at least with SOPA/PIPA, the idea is to block sites that allow illegal downloading.

Just recently, I was reading a post from David Flanagan, O'Reilly book author, who said he may not write any more books cause his income has decreased due to pirating.
And still sometimes you read about someone passing customs with come kilos of coke.
So it does happen, they know it, everybody knows it.
So we should let pirating be legal and run free? I'm shocked at how many people state they are anti-piracy but don't want any controls put in.

My other son, who has a degree in criminal justice, just walked by and told me one of the things to think about is "criminal intent" or the intention to commit a crime. Examples of ferry companies or airlines, as mentioned, are not of criminal intent and therefore not considered under current law.
 
drhowarddrfine said:
MegaUpload knowingly and willingly allowed illegal files to be up/downloaded to their site. If a handgun manufacturer knowingly and willingly sold guns to criminals, you would look at them in a different light, too, wouldn't you?
Your conditioning makes your stance understandable, but you've got to realise a few fundamental things. Firstly, a country's legal system is grounded in the morals upon which it is built. Secondly, the morals upon which humans operate can be vastly different to the morals that justify a country's laws.

Copyright law may declare copying of information illegal, but it is certainly not immoral, and I for one reject any opposing claim. All humans are very familiar with copying of information. From our evolved biology, to the accumulated knowledge of millenia, we have been copying from each other since the dawn of life. To entertain a notion of copyright, you have to consider yourself copywritable too. By association, all your ancestors, and every person with whom you've been in contact since you were conceived should also be considered copywritable. How much of you is really you? Did your parents pay for the privilege of conceiving and raising you? And if not, shouldn't the owners of the hospital that delivered you be sued for supporting illegal copying? What's happening today strikes at the fundamental flaw of copyright - it is unnatural.

Copying of information is not violent, depriving, nor restricting. But copyright is all three, and for one purpose only: preservation of profit. We live in a time where information can be created and shared more easily than ever, giving us the ability to make information more abundant and accessible than ever, and some of us want to destroy that potential to support an irrelevant aspect of society that has no life supporting attributes, nor basis in natural law whatsoever? I consider that a perversion of consciousness, eating away at humanity like a cancer.

The issue of copyright is a business problem. Stop making it a human problem. In fact, you can keep your copyright altogether. One day such thoughts will be recognized as lunacy.
 
aragon said:
The issue of copyright is a business problem. Stop making it a human problem.
I think I agree but I wasn't the one trying to compare this to guns, ferry boats or anything else but those, too, are businesses.
In fact, you can keep your copyright altogether. One day such thoughts will be recognized as lunacy.
The works of others must be protected somehow or they may no longer be interested in producing those works you all enjoy as shown by the one example I linked to above. Some people do like to create such things for free but not many. Does anyone have a better method of compensating those who create these works?
 
drhowarddrfine said:
The works of others must be protected somehow or they may no longer be interested in producing those works you all enjoy as shown by the one example I linked to above. Some people do like to create such things for free but not many. Does anyone have a better method of compensating those who create these works?

I own the Flanagan/Matzumoto Ruby book. I bought it when it was first published. In all honesty tech books on both Ruby and Rails have been over-saturated by the publishing companies to cash in on web2.0 technologies.

The problem now becomes the search for the next K&R (i.e. the next classic computer science text)

Unfortunately due to the lack of editorial review and push to get the information to press before FAQ, blogs, mailing lists and forums self publish the information we end up with garbage in the first place. Simply looking at ruby and rails books on amazon's used marketplace will result in many $0.01 to a couple dollar books. In some cases that may be paying to much.

The Flanagan/Matzumoto Ruby book is one of the better ones. It makes a reference at the beginning that it attempts to follow the style how K&R C Programming was written as a gold standard. (styles can't be copyrighted right)

Either way I imagine Flanagan will land on his feet if he decides that his contract with O'reilly doesn't garner him enough to support his family. There is a plethora of work for documentation writers out there in which he could easily qualify for with his curriculum vitae.

None the less we are at the beginning of a huge change which will effect us all. This is beyond a moral or ethical issue, which we can debate all day long, as it's has become a legal issue. All of which is centered around how power and greed are distributed in an economic climate which is currently on life support.
 
drhowarddrfine said:
Hence the problem. In the USA, artists are paid for their work. If you download without paying for it, the artist never gets paid.
The effect against this is that more people buy the work because they first check out if they want it - that effect can overcompensate. There are studys out there on this. So simply stating that artists will not get paid is not enough.

Most money from what I would spend on, say, a CD will end up in the distribution. Distributors want to make the most money for themselves, and I have doubt you ever read one of those contracts they hand out to the artist. And the means for them to make the maximum buck, not the fair and appropriate one, borders on conning the customer. Big surprise customers do not want it. Sony, for example, should not be surprised to be treated by me like any other individual who tries to sneak some rootkit on my computer.

drhowarddrfine said:
The problem is prevalent in countries foreign to the US so, at least with SOPA/PIPA, the idea is to block sites that allow illegal downloading.
Yes, it is prevalent outside the US. We are all commies. *sight* Thanks for sharing that thought.

You are aware of the fact that the world is more than just the USA and that there are some places around where laws on copyright infrigement are even worse than in the US?

You are aware of the pharma companies, some of which are based in the USA, which search the world for household remedies which they then turn into a patent and by means of the WTO then force the people in the country where they "researched" this to pay them?

This is also something that ACTA is about. And when you see this shit is thrown at you with no way to stop it by democratic means, you expect people to love it?

drhowarddrfine said:
Just recently, I was reading a post from David Flanagan, O'Reilly book author, who said he may not write any more books cause his income has decreased due to pirating.

So we should let pirating be legal and run free? I'm shocked at how many people state they are anti-piracy but don't want any controls put in.
Please define the "control" you want to see put in place.
I do not advocate piracy. I live on software, too. But once you state what you want, I may be able to explain to you what shocks you.

The problem is, most of the methods which are cooked up to "stop piracy" are something which Heinrich Himmler or Erich Mielke would get wet dreams about. That is why there is some strong resentment against any laws in that direction. But this is now not related to MU but more to SOPA/ACTA and co.

drhowarddrfine said:
My other son, who has a degree in criminal justice, just walked by and told me one of the things to think about is "criminal intent" or the intention to commit a crime. Examples of ferry companies or airlines, as mentioned, are not of criminal intent and therefore not considered under current law.
Again, this only goes for the USA. Here, not knowing the law does not protect you from it. And as criminal intent would imply to knowingly break a law, you could not attach that label to someone who does not know the laws - right?

And it also cuts both ways with MU. Did they state anywhere that their business modell was to support piracy? And even if they did, was it illegal where they did it?
And if you think that they should be prosecuted for this which may be legal in NZ but not in the USA, then you might want to pack a bag and go to Ryad where you will be prosecuted for drinking alcohol. That you did so in the USA does not matter, does it?

PS: For the records : I do not promote piracy, I do not like Kim or MU but I also do not like hypocrits and strongarm politics. I still participate in this discussion because I like to argue with people who do not bring a toothpick to a fencing session, so to speak.
 
drhowarddrfine said:
Just read your link and it's not clear what he's talking about.

Here is the relevant part.

David Magda Toronto said:
What is the current legal status of downloading music and video files in Canada? Also, is it legal to make a copy of someone else's music CD for your own personal use?

Michael Geist said:
Downloading music for personal, non-commercial purposes is arguably legal in Canada due to the private copying levy which places a levy on blank media such as blank CDs. The private copying levy does not extend to video as it only covers sound recordings. Making a personal copy of a music CDs is also covered by the private copying levy.
 
I missed this because I was out of town at the time I guess.
Crivens said:
Most money from what I would spend on, say, a CD will end up in the distribution. Distributors want to make the most money for themselves
Of course. Publication, distribution and marketing always makes up a huge percentage of the price on the item. A lot of people don't think about that. That's why you see films never make it to some cities because the cost to print and advertise a copy would not be worth it.
and I have doubt you ever read one of those contracts they hand out to the artist.
Actually I have because my son has been a professional actor since he was eight and I worked in the TV/film/radio business for 12 years. However, I've not seen anything that Bon Jovi signs, I'm sure.
And the means for them to make the maximum buck, not the fair and appropriate one, borders on conning the customer.
It's charging what the market will bear. It doesn't matter if it costs $1 to produce something. If you're willing to pay $100 for it, that's what they, and I, will charge.
Yes, it is prevalent outside the US. We are all commies. *sight* Thanks for sharing that thought.

You are aware of the fact that the world is more than just the USA
I don't have to look anything up to bet that there are far more people ripping off USA entertainment companies than those in the USA ripping off other countries. But I'm glad you admit you're all commies :) .
You are aware of the pharma companies, some of which are based in the USA, which search the world for household remedies which they then turn into a patent and by means of the WTO then force the people in the country where they "researched" this to pay them?
I don't see how that matters to the topic.
Please define the "control" you want to see put in place.
I guess I meant "protection". I advocate the ability to stop pirates.
The problem is, most of the methods which are cooked up to "stop piracy" are something which Heinrich Himmler or Erich Mielke would get wet dreams about. That is why there is some strong resentment against any laws in that direction.
So "stop murderers" does the same thing? Come on now.
And it also cuts both ways with MU. Did they state anywhere that their business modell was to support piracy?
A criminal is not going to state they are going to commit a crime. Criminal intent needs to be proven. None of what MU did can be stated as "unknowingly". Is it illegal where they are? I guess so since he's under arrest but all of that is what the courts are for.

The rest of your post is silly. You're arguing for the reasons I gave in my previous post. You state you are anti-piracy but don't want anyone to do anything about it.

So that's my reply. I don't come to these boards for political discussions and this will be my last comment on it.
 
drhowarddrfine said:
Almost everything I see and read about SOPA/PIPA and now ACTA is people jumping on a bandwagon without paying attention. I agree that all those bills are not well thought out and need input from tech companies and not politicians, but their heart is in the right place and that is to extend copyright and trademark protection to the internet. In that sense, SOPA/PIPA/ACTA are good things.

So how much of the responsibility lies in the hands of the distributors, like those the RIAA represents?

People have to wake up to the fact that this is all about really big companies not wanting to evolve, and find a way to get ahead in business without updating their business model, like all the rest of us have to do. They don't want to play by the rules.
 
I find it funny that people are just now finding out about ACTA. Heck, I've been following this for at least a couple years now.
 
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