Eukaryote said:
If piracy is considered theft then it should carry the exact same penalties as shoplifting, and the RIAA, MPAA, and the courts should be punished for violating the 8th amendment.
The ACTA is going to destroy the Internet.
This. It should carry similar penalties to walking out of a shop with game/music/movie discs in your jacket (or whatever you use to hide your theft).
The thing is, everyone is guilty of piracy because everyone shares music. There are so many ways that it happens without the persons involved even realising it. If I have a CD and I lend it to a friend and he copies it to his iTunes (or whatever) then that's piracy. Should I be fined a huge sum? I don't think so it's just once disc. I'm pretty sure the thousands of people who have done this exact same thing will agree with me.
back to the next, I have read that leaked document "Consolidated Text - Anti-Counterfeiting Trade Agreement."
If that goes though it gives the governments far too much power. They can take pretty much any action that doesn't "derogate from any other agreements" and infringe on any other laws.
Here is something from "Article 2.3 Other Remedies" of the trade agreement:
2. Each party shall futher provide that its judicial authorities shall have the authority to order that materials and implements the predominant use of which has been the manufacture or creation of pirated or counterfeit goods be, without undue delay and without any compensation of any sort, destroyed or disposed of outside the channels of commerce in such a manner as to minimise the risks of further infringements.
A note here, when they say counterfeit it is my beileif that they are referring to goods that have had a trademark put on them when they are not in fact make my the owner of that trademark
Anyway, if I'm reading this right, then doesn't it mean that our governments will have the right to destroy our PC if we torrent/burn/rip games, movies or music?
Here's another part from the section that specifically deals with the "digital environment."
Adequate legal protection shall be provided, in appropriate cases, at least against:
(b) the manufacture, importation, or distribution [US: of, or offer to distribute, a device or product, that circumvents and effective technological measure and is either:] of a device that has the predominant function of circumventing an effective technological measure that is any of the following:
(i)Marketed for the purpose of circumventing an effective technological measure;
(ii)primarily designed or produced for the purpose of circumventing an effective technological measure; or;
(iii)has only limited commercially significant purpose other than circumventing an effective technological measure.
I'm not sure, but how much of online file sharing services does that count, but im sure that Pirate bay and all the other online torrent tracker sites will somehow fall under it.
This may also cover the development of torrent software.