Illegal downloading is not theft - its something new

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Logan Keller

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Jul 24, 2008
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TsunamiWombat said:
Logan Keller said:
Big quotey tower was here
But thats prevents a circular argument that is contradictory to the coining of the new phrase, which in turn will require us to coin a new phrase which will take 9 pages and then we'll celebrate that, get drunk, call it theft and asdfgha oh god there's a blackhole in my computer
That's funny, that is what happened to me as well. My finger went kind of weird as well when I tried to poke the black hole.
 

DangerChimp

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Nov 28, 2008
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As defined by law, it is theft of intellectual property, plain and simple. You're not stealing a physical thing, but you're depriving your victims -- the retailer, the record company and the artist -- of profits they would make had you paid for the purloined item.

Seems the original poster is trying to justify their downloading. I'd say they could use a lawyer, and the "logic" displayed here definitely justifies paying the legal fees. Seek help.
 

Alex_P

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Mar 27, 2008
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DangerChimp said:
As defined by law, it is theft of intellectual property, plain and simple. You're not stealing a physical thing, but you're depriving your victims -- the retailer, the record company and the artist -- of profits they would make had you paid for the purloined item.
Nope. "Infringement" seems to be the most popular legal term.

"Theft" is chiefly a term for a set of criminal-law concepts: larceny, robbery, burglary, &c. I think fraud narrowly skates into the category, but I can't remember.

Most cases of copyright infringement are issues of civil law. The main exception, until recently, was anti-bootlegging efforts -- that's what that "FBI Warning" on videos was about. Recent changes driven by the MPAA/RIAA have pulled government into prosecutions of other activities potentially related to infringement.

The only use of the word "theft" in relation to copyright law that I'm aware of -- and here I will stress that I am not a lawyer(*) -- occurs in the "No Electronic Theft Act" of 1997. It's in the title. That's because Congress feels like its job isn't done without bullshit grandstanding, so most of our laws have trashy names like that.

-- Alex
__________
* - But I still know more than you.
 

DangerChimp

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Alex_P said:
DangerChimp said:
As defined by law, it is theft of intellectual property, plain and simple. You're not stealing a physical thing, but you're depriving your victims -- the retailer, the record company and the artist -- of profits they would make had you paid for the purloined item.
Nope. "Infringement" seems to be the most popular legal term.

"Theft" is chiefly a term for a set of criminal-law concepts: larceny, robbery, burglary, &c. I think fraud narrowly skates into the category, but I can't remember.

Most cases of copyright infringement are issues of civil law. The main exception, until recently, was anti-bootlegging efforts -- that's what that "FBI Warning" on videos was about. Recent changes driven by the MPAA/RIAA have pulled government into prosecutions of other activities potentially related to infringement.

The only use of the word "theft" in relation to copyright law that I'm aware of -- and here I will stress that I am not a lawyer(*) -- occurs in the "No Electronic Theft Act" of 1997. It's in the title. That's because Congress feels like its job isn't done without bullshit grandstanding, so most of our laws have trashy names like that.

-- Alex
__________
* - But I still know more than you.

Oops. Looks like you're wrong. As far back as 2005, the Justice Department itself has referred to large-scale illegal downloaders as thieves, citing intellectual property law. Check out the Trowbridge and Chicoine case here (http://www.guardian.co.uk/film/2005/jan/19/piracy.news). The five-year prison term these guys faced also is indicative of the attitude that has formed towards illegal downloaders unless they settle directly out of court with the record companies.

This quote seems at least a little relevant to what you're talking about:

"As today's pleas demonstrate, those who steal copyrighted material will be caught, even when they use the tools of technology to commit their crimes," the US attorney general, John Ashcroft, said. "The theft of intellectual property victimises not only its owners and their employees but also the American people, who shoulder the burden of increased costs for goods and services."
 

likalaruku

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I don't feel at all guilty for getting Silent Hill 1 free through torrents, because they never released the game for PC, but someone made a PC compatible rip. Basicly, when you make a game console-exclusive & charge half a grand for a console, you deserve to get shit on.
 

Retrofraction

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Nov 29, 2008
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Downloading games is theft, but not the kind that every one says.

when you download a game without buying it(unless it it free) you are stealing ideas and thoughts of gamming desiginers, many say they want to try the game before they buy it( but if there is not a demo, it is like sneeking into a musaim without paying and looking at a magnificant piece of art. yes it does not hurt the artice neither musaim ,but now those two people don't know if you saw it, or even liked it.

you are without permission and it makes you look like losser, because you have money and your to lazy to get it.

it has been proven that video gamming prices are up 30% because people download the game illeagaly.

it is like adobie Premier pro it is $1200 because a lot of dip shits thought "I'm not going to pay $500-600 for this!"
 

Logan Westbrook

Transform, Roll Out, Etc
Feb 21, 2008
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Ragdrazi said:
nilcypher said:
Aside from the fact that lending libraries and downloading torrents are only very superficially similar and in fact operate in very different ways, in the case of lending/renting, the creators of the works are entitled to fair payment for the rights to rent their works. (more info here [http://www.ipit-update.com/copy39.htm])

This isn't the case with torrents, as aside from the initial purchase, no one involved in the creation of the work is renumerated in any way.

It was an interesting comparison, but unfortunately, the facts don't bare it out.
I see I got the big boys involved.

So... I just want to make sure everyone on this thread understands that what you've posted there is a piece of EU law. It's completely inapplicable to the US libraries I was talking about that continue to have a blanket immunity for remuneration under Title 17, Chapter 12, Subsection 1201.

You still clearly have a point. In that, in 1992, European libraries were fundamentally changed by the law you have quoted. Let me ask you a question. Can you see how how private interests are rewriting law, changing our fundamental institutions in ways they were not intended? Libraries were not meant to be video stores. And if libraries are made to pay a fee every time someone checks out a book they're not going to be doing well. If this happened in America the librarian outrage alone would be defining. And I know a few, and believe me, they fall on my side in this whole torrent debate. I don't think the people of the Europe let this happen on purpose, I think it was slipped by you guys. If action hasn't already been taken, I would encourage all European Escapists to stand up against this. This isn't right. It's hurting your libraries and that means it is absolutely hurting your freedom.

So, Nilcypher, you're right. You're right, but for absolutely the wrong reasons. You're right because in your country these institutions have been forced to change. So do something.
The thing is Ragdrazi, that law I quoted was passed in 1992 and yet my local library continues to lend books for free. I don't think that having to pay people for the fruits of their labour is really that unreasonable, do you?

Also, in the exemption that American laws enjoy is this paragraph:

"(4) This subsection may not be used as a defense to a claim under subsection (a)(2) or (b), nor may this subsection permit a nonprofit library, archives, or educational institution to manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, component, or part thereof, which circumvents a technological measure."

Which would suggest that if a library were to offer identical duplicates of a work, they'd be in trouble.
 

SteveDave

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Nov 22, 2008
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Ragdrazi said:
SteveDave said:
Do you pay taxes to torrent users? We pay taxes to our local governments so they could provide such services as public libraries. You are indeed a dispicable thief who is a bain on society. If you don't have the money to buy a game then get a job you bumb asshole.
So... wait. Because libraries take money from everyone in society regardless of whether or not you use them and distribute books for free, while torrent users purchase out of pocket, this means torrents are stealing and libraries are not?

As for the rest of the bullshit there, you know... you and I don't agree. And that's fine. But you know the fact is, I'm presenting you with an intellectually honest case here, and this is something I really believe in. You want me to sit here calling you a fascist? You want me to start comparisons to Hitler or something, because that isn't going to happen. You believe something. I think you're wrong, and I have a flat fantastic case for proving that. I believe I'm right. And if you aren't willing to come to this conversation with some fundamental respect for that difference and a willing to discuss reasonably it is you who are despicable.
You are right I have no respect for you and your attempt to justify your illegal actions, nor should I. You are breaking copyright laws no matter how you put it. Turn yourself in and see if your bullshit argument holds up in court. If it so fantastic then you should have no problem getting off. Torrents do not have authorization to distribute and you can not compare them to libraries because of the fact that libraries have been authorized to distribute and you don't return the things you steal through torrents. Again, you are a thief and a bain on the economy and I have no respect for you as I have no respect for someone who shoplifts.
 

spuddyt

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SteveDave said:
Ragdrazi said:
SteveDave said:
Do you pay taxes to torrent users? We pay taxes to our local governments so they could provide such services as public libraries. You are indeed a dispicable thief who is a bain on society. If you don't have the money to buy a game then get a job you bumb asshole.
So... wait. Because libraries take money from everyone in society regardless of whether or not you use them and distribute books for free, while torrent users purchase out of pocket, this means torrents are stealing and libraries are not?

As for the rest of the bullshit there, you know... you and I don't agree. And that's fine. But you know the fact is, I'm presenting you with an intellectually honest case here, and this is something I really believe in. You want me to sit here calling you a fascist? You want me to start comparisons to Hitler or something, because that isn't going to happen. You believe something. I think you're wrong, and I have a flat fantastic case for proving that. I believe I'm right. And if you aren't willing to come to this conversation with some fundamental respect for that difference and a willing to discuss reasonably it is you who are despicable.
You are right I have no respect for you and your attempt to justify your illegal actions, nor should I. You are breaking copyright laws no matter how you put it. Turn yourself in and see if your bullshit argument holds up in court. If it so fantastic then you should have no problem getting off. Torrents do not have authorization to distribute and you can not compare them to libraries because of the fact that libraries have been authorized to distribute and you don't return the things you steal through torrents. Again, you are a thief and a bain on the economy and I have no respect for you as I have no respect for someone who shoplifts.
I agreed with everything you said, up until you tried to imply that the courts of justice are right, or indeed just - in reality, whoever has the most money for the best lawyers will win, because they'll find some loophole.
 

ProfessorLayton

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Nov 6, 2008
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Well, the word "illegal" should mean something to you. I mean, what if you spent millions of dollars making a movie/game and distributing and advertising it, and then nobody pays for it. You don't earn profit from something that was meant to gain profit. That's what illegal downloading is, it's taking profit from someone who deserves it.

Although, when I make music, I will support not paying for my albums.

In my opinion, entertainment should not have to be payed for. It should be for the love of doing what you're doing, a lesson that Disney should learn. But as much as I wish it were free, it's still illegal, and therefore I don't.
 

SteveDave

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Nov 22, 2008
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spuddyt said:
SteveDave said:
Ragdrazi said:
SteveDave said:
Do you pay taxes to torrent users? We pay taxes to our local governments so they could provide such services as public libraries. You are indeed a dispicable thief who is a bain on society. If you don't have the money to buy a game then get a job you bumb asshole.
So... wait. Because libraries take money from everyone in society regardless of whether or not you use them and distribute books for free, while torrent users purchase out of pocket, this means torrents are stealing and libraries are not?

As for the rest of the bullshit there, you know... you and I don't agree. And that's fine. But you know the fact is, I'm presenting you with an intellectually honest case here, and this is something I really believe in. You want me to sit here calling you a fascist? You want me to start comparisons to Hitler or something, because that isn't going to happen. You believe something. I think you're wrong, and I have a flat fantastic case for proving that. I believe I'm right. And if you aren't willing to come to this conversation with some fundamental respect for that difference and a willing to discuss reasonably it is you who are despicable.
You are right I have no respect for you and your attempt to justify your illegal actions, nor should I. You are breaking copyright laws no matter how you put it. Turn yourself in and see if your bullshit argument holds up in court. If it so fantastic then you should have no problem getting off. Torrents do not have authorization to distribute and you can not compare them to libraries because of the fact that libraries have been authorized to distribute and you don't return the things you steal through torrents. Again, you are a thief and a bain on the economy and I have no respect for you as I have no respect for someone who shoplifts.
I agreed with everything you said, up until you tried to imply that the courts of justice are right, or indeed just - in reality, whoever has the most money for the best lawyers will win, because they'll find some loophole.
No you are wrong. Judgements are handed down based on precedents that past cases have set forth. And the precedent for someone who breaks copyright laws is that it is illegal and the accused is a thief.
 

Logan Westbrook

Transform, Roll Out, Etc
Feb 21, 2008
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I'm not sure where you're from Ragdrazi, but where I'm from, patronising people and calling them myopic is not being respectful.

To address the points you raised, firstly, on European libraries being charged a fee for taking books out, we're going to have to agree to disagree. You see it as the library being penalised, I see it as people being fairly paid.

Your second point however, while not truly deceitful, is a lie by omission. To paraphrase the law you quoted, libraries in the US may indeed make and distribute copies of copyrighted works. Specifically, they may make one copy for lending purposes and it must carry a copyright notice in the front. They may also make up to three copies for security purposes and up to three copies to replace an deteriorating work, or an obsolete format.

They are expressly forbidden from distributing copies for any kind of direct or indirect financial gain, and if a digital copy is made of a work, they are expressly forbidden from distributing it outside of a lending environment.

I'm not sure what you were trying to do there Ragdrazi. Did you think I wouldn't check?
 

Epifols

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Aug 30, 2008
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Morderkaine said:
the only thing that company loses is the CHANCE to POSSIBLY sell that game to me, a chance they may never have had in the first place.
This is simply not true. Although I agree with the rest of the post.

What stops you from buying the software that you pirated? Nothing. They don't even loose the chance to sell it. I own 3 legal copies of C&C Generals, even though the first copy I ever had was a pirated one. People buy stuff after they pirated it. People go to see concerts of bands they pirated music from, they buy their cds, they buy games which they pirated.

So actually piracy in a way is beneficial for the company.

But why do we have a problem with piracy? People abuse it. Simple as that.