Poll: Can piracy be justified?

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Olas

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Dec 24, 2011
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In Search of Username said:
I guess the difference in our perspectives is that you see the legal system as a single entity that you should choose whether to obey or reject entirely, whereas I see it simply as a collection of different laws, some of which I wholeheartedly agree with and some of which I reject. And I'd love public policy to be changed in many ways, but I don't see it changing any time soon, certainly not because of my minimal influence.

Thanks for trying to understand my argument, but I think you're still off. The problem is I haven't been making myself clear.

The legal system is a vast collection of laws, but how do you know which laws are right and wrong? Your own subjective opinion of what right and wrong is?
You say you wholeheartedly agree with some laws, and reject others. What if I wholeheartedly reject the law that says I'm not allowed to shoot tall people in the face? I personally think shooting people in the face is wrong, but that's just my opinion. And you know what they say about opinions, everyone has one.

So my general point is that if you choose to obey some laws and disregard others, what you're really doing is replacing the actual legal system with your own personal legal system. The fact that your own personal laws happen to coincide with your societies laws on certain issues doesn't mean you're following societies laws some of the time. You're still only obeying those laws because they happen to line up with your own personal legal system.

In essence societies legal system no longer applies to you, except where it can be physically enforced.

And you can make the case that this is the strawman argument and that murder isn't the same thing as digital piracy (no duh) but then where do we draw the line?
 

JohnnyDelRay

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Jul 29, 2010
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I'd say it could be justified in cases where the media simply isn't available for purchase anymore (abandonware), or if the DRM has rendered it unplayable. No, that doesn't mean you don't like it so you just don't buy it and only pirate, because if you are against the companies practices that much you should just do without and protest by not buying.

HOWEVER, if you own the game because you like it and want to enjoy the product that the developers have slaved over for you, but you can't play it because of broken DRM mechanics and jumping through hoops just to get the bastard to work, then by all means, crack that thing to kingdom come.

I would also say it's justifiable if you want to try out a game before you buy, but then people have to be honest with themselves and that's a bit of a blurrier line, so it may not be 100% justifiable. I know demos are hard work, but it gives people some kind of respite before dropping their hard-earned to purchase a brand new title. Better than downloading a cracked version anyways.
 

dancinginfernal

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I feel it is justified if you have previously purchased the content you're taking, or if the content is inaccessible to you in any other way.
 

Something Amyss

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Dec 3, 2008
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Rastien said:
No it's just stealing, taking something you havn't paid for that doesn't belong to you is stealing?

Speeding is going above the speed limit

Littering isn't illegal here just frowned upon, personally i flick my fag butts where i please.
Yes, ascribing sensationalistic terms to things dishonestly IS stupid, isn't it? So maybe don't conflate stealing with piracy simply because the RIAA and MPAA ran campaigns doing exactly that?
 

Something Amyss

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Dec 3, 2008
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4RM3D said:
You left out the other part of my story where I said that I was importing media whenever possible.
No, I was responding to the part where you said you could see these as justifications.

Japanese CD's and DVD's are expensive to begin with. If I want to import those CD's/DVD's I also have to pay a lot on shipping and on top of that I have to pay customs (import tax). The total price tag is not pretty.
Honey, please. I've been importing from Japan since the 90s. It's a lot easier now, especially if you go through Amazon's Japanese site. Cheaper, too.

And no, Japanese CDs do not start off more expensive. Can't speak to DVDs, but they're pretty comparable. Slightly more now due to a weakness in the dollar, but hey.

Oh wait, you're not American. Now that price discrepancy REALLY puzzles me.

- It is fair that I have to pay that a lot more just because I don't live in Japan? No.
It kind of is.

- It is fair to pirate the CD's/DVD's? Yes, the publisher doesn't care about Europe. Their market is only Japan. Thus there is no loss in sales and thus piracy has no negative impact (in this case).
Except the violation of someone's rights. But that's unimportant because ponies.

Besides, even within one country or region, you can't equate piracy to loss of sales. Are you saying piracy is okay in general?

No, it's not "fair" to pirate something just because it's from another country. You're not really concerned with fairness, though.

- It is legal to pirate CD's/DVD's? No, not in most countries (though it's legal here, in the Netherlands).
Yeah, how dare nations support someone's right to control their own intellectual property!
 

UnderCoverGuest

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May 24, 2010
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No. Because if you don't like the price/content, you're not being forced to purchase it.


Also:

No. Because as someone who is an artist and an entrepreneur who sells their creations including artwork, videos, movies and music, the thought of illegally acquiring the product of other peoples labors without giving them the price they ask for makes me wonder how I'd feel if someone did the same to me.

Talentless thieves sitting all smug and superior in the office chair their parents handed down to them, at their computer downloading everything digital they want for free, probably don't know how that feels though, so they don't have any incentive to -not- download stuff illegally for free.
 

4RM3D

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Zachary Amaranth said:
Oh wait, you're not American. Now that price discrepancy REALLY puzzles me.
Shipping to the US is a bit cheaper and more importantly in the US you don't seem to have to pay customs. Well, maybe in some cases, but usually not.

Zachary Amaranth said:
Besides, even within one country or region, you can't equate piracy to loss of sales. Are you saying piracy is okay in general?
I am saying there are situations where piracy should be allowed or at least be generally accepted. I wouldn't go as far as to say piracy is okay in general. Although I stand by the age of information (Internet) where everything should be free to share. Copyright laws are a relic of the past.

Zachary Amaranth said:
No, it's not "fair" to pirate something just because it's from another country. You're not really concerned with fairness, though.
Actually I am concerned with fairness, or at least a sense of moral. And I wasn't saying it is fair to pirate something just because it's from another country. I said, it is fair to pirate something from another country that is not (going to be) available in your country. Saying that it's fair, doesn't mean that I do it (although I do :), I just understand if people where doing it, for the right reasons.

Let me give you a personal example... I am a big fan of anime. Unfortunately, anime is unpopular in my country. Less than 1% gets released here. And only a handful of anime movies appear on TV; no anime series whatsoever. So how am I suppose to decide which anime series to buy? With reviews? Uhm, hell no. Anime is expensive and then I have to pay extra shipping and customs. I want to try before I buy. This is also mandatory by law in the Netherlands. Anyhow, I download anime series to see if I enjoy them. If I do enjoy them, I buy (import) them, if I don't then I wouldn't have bought it anyhow. I am not going to buy stuff blindly. It is in my right to try out the product. Because of this 'piracy', anime studios actually gotten more money from me than without this 'piracy'. Thus in my case piracy is good for the economy.
 
Feb 22, 2009
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OlasDAlmighty said:
In Search of Username said:
I guess the difference in our perspectives is that you see the legal system as a single entity that you should choose whether to obey or reject entirely, whereas I see it simply as a collection of different laws, some of which I wholeheartedly agree with and some of which I reject. And I'd love public policy to be changed in many ways, but I don't see it changing any time soon, certainly not because of my minimal influence.

Thanks for trying to understand my argument, but I think you're still off. The problem is I haven't been making myself clear.

The legal system is a vast collection of laws, but how do you know which laws are right and wrong? Your own subjective opinion of what right and wrong is?
You say you wholeheartedly agree with some laws, and reject others. What if I wholeheartedly reject the law that says I'm not allowed to shoot tall people in the face? I personally think shooting people in the face is wrong, but that's just my opinion. And you know what they say about opinions, everyone has one.

So my general point is that if you choose to obey some laws and disregard others, what you're really doing is replacing the actual legal system with your own personal legal system. The fact that your own personal laws happen to coincide with your societies laws on certain issues doesn't mean you're following societies laws some of the time. You're still only obeying those laws because they happen to line up with your own personal legal system.

In essence societies legal system no longer applies to you, except where it can be physically enforced.

And you can make the case that this is the strawman argument and that murder isn't the same thing as digital piracy (no duh) but then where do we draw the line?
Well I would suggest that if you grow up within a certain society, fear of punishment isn't the only thing that keeps you obeying the laws of that society (or as you'd put it having your own personal legal system line up with that of the society) - it's also the ethics and societal norms that you've been taught throughout your life. Like, if the ONLY thing stopping someone from going around shooting people in the face was fear of being punished, that person would not be sane.

Now, obviously punishing criminals is important, but I'd say it's a lot more important simply having people believe in the laws they're expected to follow. For example if everyone just suddenly decided murder was okay one day, there'd be very little the police could do about it no matter how powerful they were. It'd be exactly as chaotic as it would be if the police force suddenly disappeared overnight.

My point is that it's inevitable people are going to have their own personal legal systems in their minds, because their opinion of the laws they are expected to follow is just as important as the way in which those laws are enforced. People, by and large, don't run around killing each other because they know it would be wrong, AND because they know they would be punished. They have their own moral code but, inevitably, it largely lines up with the actual legal system.
 

kouriichi

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The idea of "Justifiable" is like the idea of "Good and Evil". Whats justifiable to one person is not to another. If i said, "i download games because i have to support my 2 children i love, that my B*tch of an ex-wife stole from me so i have no money to enjoy my only hobby", would you think its a justifiable reason? I dont have 2 children, an ex-wife, or pirate games, but if i did, would you think it was ok?

What if i said, "The goverment put me in prison on a false charge, and then released me 2 years later with nothing but a 'sorry, we messed our sh*t up', so i no longer have a job, and can barely afford a home, and only have internet because my neighbor lets me use his wireless signal." Would that be a justifiable reason?

In the end, it doesnt really matter how justifiable something is, because every ones views are different. Short of "Killing Hitler is justifiable", theres a lot of room for argument on whats ok, and whats not. Its why shooting a man with a gun in your house is ok, but shooting a man on your lawn, threatening to boil your children to death can still get you put in jail.

Are there justifiable reasons for piracy? Sure, there are probably quite a few, but thats just from my prospective. And even if its justifiable to an extent, it doesnt make it legal, or "ok" by my standards. It makes it less "wrong" i guess, but that doesnt mean its not against the law.
 

Something Amyss

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Dec 3, 2008
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4RM3D said:
Shipping to the US is a bit cheaper and more importantly in the US you don't seem to have to pay customs. Well, maybe in some cases, but usually not.
Of course, what you quoted was talking about base price.

I am saying there are situations where piracy should be allowed or at least be generally accepted. I wouldn't go as far as to say piracy is okay in general. Although I stand by the age of information (Internet) where everything should be free to share. Copyright laws are a relic of the past.
The problem with the first statement is you just used logic that could apply to piracy in general. There is no evidence that piracy affects sales in any instance, so....

As far as the age of information...Care to "share" your bank account number? Whatever your equivalent of SSID is?

And I wasn't saying it is fair to pirate something just because it's from another country. I said, it is fair to pirate something from another country that is not (going to be) available in your country.
Fair enough, you caught me with lazy wording.

Saying that it's fair, doesn't mean that I do it (although I do :), I just understand if people where doing it, for the right reasons.
You just admitted to piracy though, which makes this sound self serving.

Thus in my case piracy is good for the economy.
Personal anecdotes are pretty easy to skew, however.

Also, A quick google search for anime in the Netherlands paints a different picture. While I admit, I am not an expert on the Netherlands, I'm kind of inclined to believe that the number of hits and locales I get is sufficient to indicate popularity of anime.

I don't feel like spending a lot of time researching an entire culture and its relevancy, but it looks like your excuse is untrue.
 

Olas

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Dec 24, 2011
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In Search of Username said:
OlasDAlmighty said:
Well I would suggest that if you grow up within a certain society, fear of punishment isn't the only thing that keeps you obeying the laws of that society (or as you'd put it having your own personal legal system line up with that of the society) - it's also the ethics and societal norms that you've been taught throughout your life. Like, if the ONLY thing stopping someone from going around shooting people in the face was fear of being punished, that person would not be sane.

Now, obviously punishing criminals is important, but I'd say it's a lot more important simply having people believe in the laws they're expected to follow. For example if everyone just suddenly decided murder was okay one day, there'd be very little the police could do about it no matter how powerful they were. It'd be exactly as chaotic as it would be if the police force suddenly disappeared overnight.
Oh jesus, no, my point isn't that every law should necessarily be enforced physically to the letter. That would be unrealistic. My point wasn't about the degree to which we should enforce laws at all. (Though the ability of people to get away with digital piracy IS a major reason why it's so common).
My point is purely philosophical, that people SHOULDN'T break laws, even if they don't agree with them, and even if they aren't enforced whatsoever.

In Search of Username said:
My point is that it's inevitable people are going to have their own personal legal systems in their minds, because their opinion of the laws they are expected to follow is just as important as the way in which those laws are enforced.
I think this is actually where we philosophically differ. You say a person's own moral code is just as important as societies laws. I say it isn't. Your own moral code is highly subjective, it can be corrupt. People have personal bias. You're free have your own personal beliefs if you want, your own legal system so to speak. But ideally you shouldn't act on them unless the ACTUAL legal system allows it.

Could you imagine a world where everyone followed only their own rules and values and not those of authority? It would be chaos. There would be essentially no legal system in place to govern behavior. It would be... THE INTERNET.

And that's what irks me. In online discussion people only attack piracy on moral grounds, not legal grounds. People don't care about legality. As if something immediately becomes okay the moment you decide it's morally acceptable. The fact that piracy is simply illegal is rarely even brought up.
It's as if total freedom from enforcable law turns all humans into moral nihilists. We automatically stop caring about laws, and dictate to ourselves what is okay and what isn't.

It's not that I think the legal system is always right, it's imperfect. But so are individual people. So unless you live in a totalitarian dictatership, or some other dystopia, it's probably better that we all follow the rules instead of making up our own.
 

4RM3D

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Zachary Amaranth said:
The problem with the first statement is you just used logic that could apply to piracy in general. There is no evidence that piracy affects sales in any instance, so....
Some studies say pirates buy more music than non-pirates; some studies say piracy is destroying the industry. There is no real evidence to support either one.

Zachary Amaranth said:
As far as the age of information...Care to "share" your bank account number? Whatever your equivalent of SSID is?
Interesting. You got me there. My explanation was too generic. Let me correct that: I stand by the age of information (Internet) where everything should be free to share, but it should not be used with the intent to inflict harm on people.

Zachary Amaranth said:
You just admitted to piracy though, which makes this sound self serving.
I know, but I just wanted to point out you can't automatically assume I was pirating stuff because I said it was fair to pirate stuff. I also think it's fair to shoot people in self-defense, but I haven't done that before.

Zachary Amaranth said:
Personal anecdotes are pretty easy to skew, however.
They usually are. That is why I explained the situation by providing arguments. It's up to you to accept or reject these arguments. I still think I make a pretty strong case.

Zachary Amaranth said:
Also, A quick google search for anime in the Netherlands paints a different picture. While I admit, I am not an expert on the Netherlands, I'm kind of inclined to believe that the number of hits and locales I get is sufficient to indicate popularity of anime.

I don't feel like spending a lot of time researching an entire culture and its relevancy, but it looks like your excuse is untrue.
There is a small but steady fanbase in the Netherlands. So? That doesn't invalidate my statement that less than 1% of the anime get released in the Netherlands. That is not my personal opinion, but that is a fact based on the releases. I should add though that there are two French companies that release anime in the Netherlands. They have grown over the years, but most of their releases are still inferior and they only release a small amount. BTW, I included those two companies when I said less than 1% gets released in the Netherlands.
 

Mr F.

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kickassfrog said:
Mr F. said:
Property is theft. Intellectual moreso. The only way I passed my last college course was through downloading textbooks which were not available in the public library and which were prohibitavely expensive.
Umm, because the author put a lot of time into doing that, and with a relatively small pool of potential purchasers needs to charge more money to buy food and other extravagant things.

Dude, studying costs money. I'm going to university next year and it's not the cost of the books I'm concerned about.
Lets see.

If you are going to University in England, you will be in debt to the tune of 27,000 pounds with regards to tuition loans and, at a minimum, 10,500 pounds with regards to maintenance loans. A university education, which used to be funded by the state, now puts the average student in debt to the tune of 37,500 pounds. Factor in the insane idea that maintenance loans should not be forced to at least cover the cost of housing (My housing for this coming year comes in at 3674 pounds, 174 pounds MORE than my loan to cover housing, clothing and food) and getting a degree is almost pointless from a fiscal outlook. Degree holders earn, on average, 7% more than people who do not have degrees. Chances are, unless you become an MP, a lawyer or a scientist, your degree will never pay for itself or at least take until your 40's before you have recouped the costs.

So if you are going to University for fiscal reasons, you are an idiot. Knowledge should be gained for the sake of gaining knowledge.

As for intellectual property being damaging? Well, one has to look no further than the genetically modified crop market. Currently we are in a situation where people are able to sell crops that are not independently tested. Due to their copywrited nature, those who produce them only allow scientists who are willing to sign NDA's to do any research into the crop to see if it actually does anything. Only studies proving the effectiveness of the seed are allowed to be published, the nature of intellectual copy write prevents the free exchange of scientific papers within this area.

That is but one example of how intellectual copyright is damaging to the entire world.

If anyone, and I mean anyone with the ability to study such things, was allowed to look at the genetic makeup of those seeds, science would advance at a much higher pace. Copyright is, by the by, utterly damaging. During the push to sequence the human genome one of the greatest factors with regards to the speed of publicly funded scientists was attempting to beat (With great success, thankfully) privately funded scientists. For if a private company had managed to sequence the genome first they would have been able to copy write the sequence and put an artificial barrier of cost in the way of all further research, genetic testing, you name it.

When you look at the pharmaceutical industry you see these damages even further. Medicines, which could be made for between 10 and 15 dollars, are sold for hundreds (In some cases, thousands) of dollars due to the nature of intellectual property. People die due to an inability to afford medicines that could be made for a fraction of the cost if these forced copyrights simply did not exist.

So that is a bunch of examples how intellectual property utterly fucks science.

Intellectual property stunts the growth of science. With regards to music and books it is different, true, but the idea that someone can own a tool that is required for learning, forcing schools and libraries to fork out hundreds of thousands of pounds in order to attain a decent amount of copies of a simple textbook, when textbooks are required to teach, is insane. It prevents the growth of new ideas, you name it.

I guess this mainly comes down to morality. I believe it is morally wrong to prevent people from learning, from studying, morally wrong to put artificial roadblocks in the way of scientific research (I do not consider ethics to be an artificial roadblock, mind), it is damaging for science and, as a direct result, damaging for the entire planet.

kickassfrog said:
Mr F. said:
Pirates are "Good" for the economy, a study done in Switzerland showed that pirates habitually spend more on media than non-pirates.
Find me a link to the study, otherwise this is inadmissible as evidence.
Well, I could not find a link to the actual study. I believe it was in one of my old copies of new scientist. What with moving around a whole bunch prior to uni I lost most of my collection. The only copy I can find is a few weeks old and centered around why inequality is not evolutionarily selected for and how inequality drives groups, tribes, nations, empires. Which, admittedly, is not really relevant to the argument. Even if I were to argue that the inability to share drives inequality.

However, I did find the following:

http://www.slate.com/articles/business/small_business/2012/01/sopa_stopping_online_piracy_would_be_a_social_and_economic_disaster_.html - This argues that stopping piracy would be bad for the economy. I skim read it though, it is more of a blog and not exactly admissible as evidence towards the study I was attempting to draw attention to but it does make a few valuable points.

As for some of my other reasoning behind piracy not being a negative force in the least, well, read above.

It does not take much thinking overall to work out how piracy is not necessarily a force for bad. At worst it is simply neutral. I mean, using music as my example, who here owns an entire library purely made up of music they themselves has bought? Who here has never shared a song with anyone, never listened to an unofficial youtube song (Back in the day, anyway, most of them have been slashed, you get the idea). Chances are each and every one of us has benefited from piracy in some way at some point down the line.

Sharing is a natural human instinct. All of us share. Sharing is good, hell, it is one of the few things that seem to be taught to all kids, regardless of background! Sharing is caring, share your toys, stuff like that.

I guess a lot of my points in this post are more relevant to science and pirating non-fiction, but hell, those are the two most important things around these days.

As for music?

*goes to look up how much muscians earn from CD sales when compared to concerts/gigs*

Well, fuck, I will just use myself as an example (I know I am not representative of the entire music-listening community but still, the internet is going too slowly to do any research).

I was introduced to an artist called Frank Turner through an unoffical youtube video by a close friend. I instantly fell in love with his music and started listening to everything he had made at that point.

Following this, my friend lent me a USB stick with his music on it. At the time that was a single album. I checked up on things and next time he was in town I went to see him at the Cornerhouse. I believe that first ticket cost me something like 7 pounds. A few years later he came back to where I was living to do another gig. The tickets had inflated somewhat along with his rise to semi-stardom and cost me 35 pounds each (I bought one for my then girlfriend). If it was not for piracy, for copywrite infringement, I would have never been introduced to him. And never spent over 70 pounds on tickets to see him, which far outstrips the amount I would have spent had I bought every album he has made (Or even every song as a single from itunes). If it was not for me having those tracks, I would not have been able to introduce more people to his music, get more people to go to his gigs (And in some cases, like my parents, get more people to buy his CD's). From this single (Totally pointless) example I can show how piracy got me, in particular, to spend lots of money to see such an amazing artist.

Hell, My sister and her bloke have everything by Muse on both of their ipods. All of which was downloaded illegally. Because they love Muse so much they proceeded to go to a Muse gig in London for their 5 year anniversary, with tickets that cost in excess of one hundred pounds a pop. Sure, they were listening to "Stolen" music at home, yet they still spent far more than the price of every album on seeing Muse live.

I am done with utterly anecdotal evidence.

tldr;

Intellectual property harms science and the world as a whole as a result, listening to music which has been shared is not damaging in the least to Musicians, people spend far more on going to gigs than on music. I understand that if someone never goes to gigs and only listens to pirated music they are not exactly helping the music industry but hell, they are still introducing more people to the music and whatnot and this could, in turn, lead to greater profits than the sales of the CD's alone ever would.

EDIT: http://entertainment.howstuffworks.com/music-royalties2.htm This article neatly explains just how little muscians make from their music. I didnt post it at the start cause my internet is incredibly weak.
 

kortin

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Mar 18, 2011
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Two positions in which piracy is justifiable:

1. The person has no way of getting the game legally in their area.
2. The developer no longer makes money off the game

Otherwise, no.
 

Souplex

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Jul 29, 2008
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If for any reason you own a legit copy of the game, and you pirate it, it's fine.
Otherwise no.