Oh, I believe you. What I am saying, and that you might have understood, is that the same "loophole" is in danish law. And I am ready to wager that it is in others too.cleverlymadeup said:yup they've tried but due to Sweedish law they can't be extradited, check out the "Legal Threats" section of their website if you don't believe meLongshot said:What I disputed was not there being a loophole - I just highly doubt that any other country would have shot them down.cleverlymadeup said:no it's true they often flaunt it in many many interviews they've given, that's why they are still up and running, it's their main themeLongshot said:I highly doubt it. Providing the opportunity to choose to act illegal, is not illegal in itself. If it were, you would have to ban life.cleverlymadeup said:actually that legality is thru a loop hole in sweedish law, this is the ONLY reason why they are operating. if they weren't in Sweeden they'd have been arrested and shut down a long time ago3. The pirate bay also has legal permission to host trackers and has no direct relationship with pirates, what's your point there? It's just the name of a site that provides a P2P bittorent service.
Of course it is part of the law. I am not saying it isn't. I am saying that it isn't punishable when it is intent alone. At least, not in Denmark. I hope for your country it isn't either. I am interested in your example with stalkers. Care to elaborate?cleverlymadeup said:acutally it is part of the law, for any law to be broken, you must have intent, your full mental capacity and knowledge of the law. they've got a lot of stalkers this way as they haven't done anything but they've found out they intended to do somethingAttempt and intent is not the same, mind you. Attempt is an action, intent is the decission to perform an action. It is not the same, not at all. Attempted rape is grapping the woman, tearing her close off, but being stopped in the process. Damage has still been done, and we know this man to be a criminal. Intended rape is wanting to do so, being set to rape someone, but enver taking action, either voluntarily, or through some outer force. The important difference is that no damage is done, and that it is impossible to prove guilt. If a man intents to rape his sister, but by accident she is killed in a car crash before he had the chance, is he then a criminal? Has he actually committed any wrong? And that's just where the individual is prevented - every individual may also has a change of heart. Would that make one a criminal?cleverlymadeup said:and yes intent is part of breaking the law, there is such a thing called "attempted" in the law books, such as attempted break and enter, attempted murder, attempted assault and attempted rape
It is not the same thing. The difference is, that if a man has said batch of porn, he has illegal files, and as such, can be tried and punished by a court. The pirate bay does not host any files. Now, if the pirate bay only had illegal torrents, then I would feel okay with the blocking, since any usage of the site will be in the carrying out of legal acts. It would not be possible to prosecute the owners of the piratebay, but censorship of the site would be perfectly understandable and okay, since the site cannot serve any other usage than as a medium in crime to it's users. But it is not so. There are legal torrents, and as such, thepiratebay has legal uses.cleverlymadeup said:you miss it that the vast majority of the torrents there are illegalYou seem to be missing the point that thepiratebay has torrents that are pefectly legal.
to pull an example that is like having 10 gigs of porn, however 9.5 gigs are child porn, 500 megs are normal porn, that doesn't make the collection any better, it's still very illegal
Now, before you counterargue that "providing contact between peers so that they might exchange pirated material" is illegal, let me tell you that it isn't according to danish law. There is no law that thepiratebay violates. I don't know how it is in switzerland, and I don't care. It is not the issue. If what thepiratebay did was wrong according to danish law, I would have no problem. But there has been an error in the way danish court ruled, and it has lead to censorship of a site. Censorship is illegal, according to the danish constitution.
And I saw no proof for yours either. Saying "I have friends who are lawyers" is not a proof.cleverlymadeup said:with no proof it is no longer an argument and is irrelevant to the discussionThank you for the evaluation of my argument. It carries precisely as much relevance to the discussion as yours does, for it is a ounterargument to yours. I didn't chose the different points we debare. You did.
Trent has had and released through his own record label, Nothing, since 1992... I doubt he himself would be in dispute with himself...cleverlymadeup said:actually Trent has also had a lot of known disputes with his record label, they aren't developers tho and primarily release their stuff thru their own websitesI can't name a developer, since the world of software is not really my field of expertise, but I can name artists... Nine Inch Nails is chief among them - Trent Reznor not only provides his latest albums for free off his website, but is a known defender of P2P and filesharing, being an avid user of them. Jonathan Coulton has explicitly stated on his website that he doesn't give a damn whether people download his music off torrent sites, or burns cds for their friends, etc. Radiohead gave away their latest album for free, and Jamiroquai and Oasis is expected to follow that same road. Radiohead, Oasis and Jamiroquai may not have used thepiratebay as a distribution site - but Radiohead wouldn't have minded if a torrent was up there(and thus, providing people with a different download option, instead of just the regular "Save As..." from their own website.
the fact that they are doing this doesn't make the piratebay any less illegal, i'm well aware of the difference between free as in speech or beer stuff and pirated material
And as said above, thepiratebay is not illegal according to danish law.
And that point is wrong, at least withing the boundaries of danish law.cleverlymadeup said:yes and so does Blizzard with WoW, i never disputed the illegality of p2p software, my point is dealing exactly with the piratebayOh, and you know, now some software springs to mind... Warhammer Online: Age of Reckoning uses P2P distribution for it's client.
And thepiratebay doesn't. A torrent is not illegal in itself. It is not illegal to have a torrent lying on your desktop. Utilizing the torrent in a torrentclient is. You don't ban the postal service because someone sends an illegal parcel. Granted, the illegal stuff on thepiratebay is torrents that leads to illegal material. But that is in itself not ilelgal. At least not according to danish law.cleverlymadeup said:actually providing ppl with illegal stuff is illegal as wellBut whether or not there are legal torrents to be found on thepiratebay is WITHOUT RELEVANCE. The questions is whether it should be considered illegal to provide the opportunity to access illegal material. With that question in mind, it doesn't matter whether there are legal torrents, 'cause as long as there are illegal ones, the question remains.
My rights are violated the second that it is decided what I can view and cannot, without backing of danish law. I am protected from censorship by the danish constitution, and yet the danish ISP's are forced to block off sites.cleverlymadeup said:how have your rights been violated? you are yourself commiting an illegal act by download something, therefore becoming a criminal and by that measure forfeiting your rights as a citizen of your countryHow lucky the penalty wasn't death then, huh? So... The ISP's and the danish court will also stop blocking thepiratebay once they realize that they have violated our rights? Those rights being the rights to freedom and free act.cleverlymadeup said:yes and all those ppl were also let go after they were found to have their rights violatedIt's still censorship. When communism was considered illegal in the United States, were pro-communist articles and such not censored? Censorship can easily be directed towards what is illegal(even though, it is not, in this case with thepiratebay, just following your reasoning), and indeed almost always is.
I used thepiratebay - my Asus EEE runs linux, and I used thepiratebay to acquire a lot of stuff for me to optimize and customize it.
Pirating software is illegal, I think we've established that quite enough times... I do not condone of piracy. I love music, and holds a firm belief that if an artist wants to be paid for his art, then it is the right thing to do, to pay him.cleverlymadeup said:actually it is very relevant because pirating software IS illegal and clearly violates the law and yes providing access to it is also illegalThat's funny. Again, we have childpord brought up, because, that seems to be very relevant card to play... Childporn is illegal. It clearly vioalates the law. thepiratebay does not. It provides the opportunity to do something illegal, but thepiratebay in itself has never uploaded pirated music. The two things are not the same at all.cleverlymadeup said:so i'm guessing you also think censoring child porn is a bad idea, i mean it's censorship so therefore it has to be a bad thing
I still have not seen you supply any cold hard facts either. I only brought up that I have taken an argumetn course, becuase you seem to believe that just because you claim to have taken a law course, you are automatically right. That is complete rubbish. What if I had claimed to have takn a law course? Would that make me instantly correct as well? When you start backing your claims with proof, then we're talking. Until then, you can try and criticize the way I argue as much as you want, but you are no better yourself.cleverlymadeup said:wrong you applied truthiness, you just made stuff up without having any real knowledge which makes your point wrong. the fact is i have paid attention to law and the legal dealings of the warez community and i do have friends that on the side of the law. you taking an argument course is totally worthless for bringing up actual factual based arguments, you use what is called truthiness which isn't the same as cold hard factsYou can tell yourself that, but I took the same argument you presented, and applied it to a different situation. It is the same argument. Is this the point where I state that I have had classes in argumentational theory and propositional logic, and expect it to give me some kind of omnipotent authority, like as if I, lets see, had said that I took som law classes and know a lot of lawyers and cops?cleverlymadeup said:and no you weren't following my reason, you are trying to use truthiness and failing miserably at it
BUT THERE IS NO LAW NI DENMARK ABOUT THIS! I know how the bloody law works... Quit dancing around and adress the actual problem. If you can't be bothered to research what the actual problem is, why do you argue?cleverlymadeup said:actually this demonstrates how much you don't know about law and are basing all your arguments on truthiness.Well, that's what this thread is about, right? We disagree with any thoughts along those lines. Claiming that "the court has found it illlegal, thus it must be!" is claiming the court is unable to be wrong. And that would be wrong. I'm not saying that that is what you are saying... But I think it is.cleverlymadeup said:and no the pirate bay is illegal except for in Sweeden, in america and other countries they've been found to violate copyright laws as they allow you to break the law
ok this is the way the courts and laws work. first they must make a law, those laws are based on what the average person would see as being right or wrong, this doesn't make it concrete, however if it does go to the courts they will make a decision on the validity of the laws, such as if it violates your rights or existing laws, if it does violate anytyhing the law is struck down, if not it is upheld and therefore has precedence, meaning it has more sticking power than it did before as the law has been made explicitly clear
You can find NiN, WAR, Jonathan Coulton, and much more, on the piratebay.cleverlymadeup said:no you haven't, i said on the piratebay, not from anyone else. keep trying thoNow I have, above. Yes, you clearly seem to know much better than we do. You know, sometimes, it is a good idea to consider that there might be things that you don't know. It would have taken a few googlesearchs, and then you'd have known about NiN, Jonathan Coulton, Radiohead, WAR, and whatnot.
I'd rather have my friend reperesenting me than yours. After all, I believe my danish law student has better understanding of danish law, than your swiss cops and lawyers.cleverlymadeup said:actually your statements have many flaws without any facts backing them up, even the "proof" you've offered has no relevance to the argument, ie i've asked for examples on the piratebay and you've offered me other sources. i'm glad your friend doesn't represent me in court cause i'd be screwedIt carries very little authority in an argument to claim that you know someone who might, and might not be, experts on the field that we discuss. I formed my previous post with one of my best friends, who happens to be studying law, and he agreed with my statements.
However, it doesn't matter how many lawyers either of us know. It is a very stupid, and very irrellevant argument.
I argue from a point of danish law and values. You argue from a point of... whatever country you come from. I can't tell you how thepiratebay is considered in the United States, but I can tell you that what has happened in Danish court is a huge mistake, when you look at Danihs laws.