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What makes it such a bad idea?
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 DutchKillsRambo wrote:
For someone that's so outspoken about gun freedoms I find it odd you don't mind giving up personal freedom online.

I don't believe I've ever said I'm in favor of illegal guns. I'm certainly not in favor of illegal downloading. Being outspoken about gun freedoms doesn't mean I have to sign on to the notion that you should be free to illegally acquire a few TBs of movies and games, no.
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 DutchKillsRambo wrote:
I meant more the freedom to let others dictate what they do with your property.

Which property are you referring to? If a studio has decided they don't care if people pirate, I'm sure they're not in on this scheme to throttle the access of pirates.
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 Rented Tritium wrote:
When you want someone to stop doing something, you have to get evidence and sue them. This allows the studios to just kind of say so and your ISP goes along with it.

I'm against torrenting material you don't have rights to as well, however I am also for due process and the neutrality of common carriers. I am not ok with the media companies being able to demand that my information be turned off when I do not have the same right to monitor them and demand that theirs be turned off.

You appear to be confusing this with some sort of law enforcement action. Your ISP can terminate its service to you anytime it likes.
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 DutchKillsRambo wrote:
Your computer with the internet service you pay for. This system, at face value, allows someone else to decide what does and does not constitute illegal file sharing. Something that's not very well defined in the courts. And then they punish you for it. With the only recourse being a further punishment of money to even try and get an appeal. Would you watch a DVD on your computer if your friend lent it to you? Would you be happy if your ISP suddenly slowed down because of that? Its just not a good system to fight piracy.

Nothing's happening to the computer I own under this scenario, and suggesting I own the internet service I pay for is like saying I own HBO because I'm a subscriber. You're right that it's not a good system to fight piracy, but there aren't a lot of those, anyway. I personally like porn's approach, but this one may make a small dent as well.
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 DutchKillsRambo wrote:
Of course you don't own the service but you own the right to access that service. If I stop paying my bill I violate the contract just as if they stop providing the service, they violate the contract.

Out of curiosity Seaward what is porn's approach to piracy? Because I see more now than ever.

You see more streaming porn than ever, I'm sure, but they've been pretty active in going after torrenters. Not to stop the problem, but simply to make more money off of it. They'll gather up a whole list of people who've downloaded a given title, and forward it to their lawyers. The lawyers will then forward it to the ISP, and you'll get a nice letter from your ISP saying you've been named in an illegal downloading lawsuit, and here's the contact information for the firm representing the studio.

It's all a shakedown, basically. As this points out, they're basically counting on the fact that most people do not want to be publicly named in a porn lawsuit, and so will pony up a settlement fee.
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 LuciusAR wrote:
My ISP should have no more right to monitor what I do on-line than my phone company should have to listen in on my calls.

It’s disturbing how many people seem willing to give up their privacy rights to protect big companies profits.

You're assuming that your ISP monitoring your traffic is how most torrenters get caught.

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Again, it's not the ISPs monitoring your traffic that gets you. It's the media companies compiling lists of seeders and downloaders and forwarding that to the ISP.
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Sir Pseudonymous wrote:
Ok, the rage has subsided a little.

The problem is, piracy can't hurt anyone who doesn't, honestly, deserve it. The recording industry's future is withering away because of the massive proliferation of independent artists who don't feel like being beholden to some cokehead suit, and so should be ignored as insane and already dead. The film industry is making money hand over fist, boasting record breaking profits with every year, and so should be ignored as quite blatantly lying. The games industry is also making money hand over fist, with consistent and honestly ridiculous growth in a very short time.

The people in the center mainstream benefit from it, as people are more likely to chance what money they do spend on a sure bet so far as quality is concerned, and the people who are on the fringe because they are unknown benefit from the effective publicity piracy of their works brings them. The only people who suffer are those who are on the fringe because they produce a terrible (in quality terms) product, like the porn industry, or the more insufferable and reprehensible proper film directors (like Uwe Boll and whoever's behind those "[genre] Movie"s these days).

The further galling issue that a communication's service can be disrupted by unsubstantiated allegations from a quite demonstrably unreliable source has been covered quite well by others already.

If this whole screed was meant to be ironic, it's brilliant.

If you're serious, I'm not sure what to say. Media companies make a lot of money, so they deserve to have their products stolen?
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 Gentleman_Jellyfish wrote:
For me it's the fact that they're still making large profits. Somehow, despite this HUGE problem with piracy, media companies still manage to pay artists millions of dollars, AND make more money than they did last year. That is why I don't believe that piracy is the bane of all media companies.

When it comes to things like video games, I use Diablo 3 as an excellent reason to possibly pirate a game. Activision-Blizzard made the choice to require an internet connection to play their game from day 1. Their server couldn't handle the launch, and people who bought a legitimate game were left in the cold and unable to play it. Did it stop piracy? Hell no, I'm not sure on the timeline, but I suspect the pirates had a working copy before the legitimate players.

And now I hear rumors about the next generation of Playstation and Xbox requiring an internet connection to play. However that is just a rumor I heard at one point whose source I can't remember.

It's theft, plain and simple. Stealing from Warren Buffett is still stealing, despite the fact that he won't miss the money.

This is what's so disturbing to me about '90s kids who support illegal downloading. Rampant piracy has left them trying to pretend they're Robin Hood, when in reality they're just thieves.
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 Gentleman_Jellyfish wrote:
Edit: Also I have no Robin Hood illusions, what I'm doing is for personal greed and a dislike for business practices that are becoming more and more prevalent.

Do you dislike those little sensors they put in clothes in department stores to prevent you from walking out with a bunch stuffed under your jacket, too?

Occupy Macy's! We are the 99%! Little red cookbook, little red cookbook!

Having your wallet stolen's unlikely to lead to your "downfall," so should it be okay for someone with less cash than you to lift it on the metro?

This message was edited 1 time. Last update was at 2013/03/01 17:31:45


 
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 Rented Tritium wrote:
Seaward, you seem to be laboring under the impression that one must either be a dirty infringing pirate all the time forever or one must completely support all DRM and all anti-piracy measures.

I assure you that this is not true. It is completely possible for one to not pirate and oppose piracy and still not like the measures being used to stop it.

Perhaps, then, I'm talking to the noble souls who've admitted pirating in this thread?


Automatically Appended Next Post:
 SilverMK2 wrote:
 Seaward wrote:
It's theft, plain and simple.


It's not theft, since the original still remains and can be sold. It is like printing out a photo of the Mona Lisa and framing it on your wall... you don't then have swat busting down your door because you have "stolen" the Mona Lisa. You have duplicated it. It still remains, in many cases, illegal to share and download music/films/etc because laws have been put into place to that effect. It isn't stealing though, no matter how much they try and tell you it is.

There was a survey done some time ago about how much people valued the music on their mp3 player... ie how much they would pay for all the music they had... the majority of people said they would not pay for the music on their mp3 players; it essentially had no value.

Yeah, except no, it is theft. It's copyright infringement. The notion that IP has no value simply because "the majority of people" wouldn't pay for it is absolutely ludicrous. I wouldn't pay for a Porsche, but that doesn't mean it has no value.

This message was edited 1 time. Last update was at 2013/03/01 17:44:53


 
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 Ouze wrote:
Copyright infringement is not theft. Theft is universally a criminal offense, whereas infringement is nearly always a civil offense. Words have meaning. A Chihuahua is not a Rottweiler just because they are superficially similar in some ways.

They're both dogs, though. And if you honestly think copyright infringement doesn't potentially carry criminal penalties, I'd suggest reading up on the relevant codes.



Automatically Appended Next Post:
 Gentleman_Jellyfish wrote:
Seaward, dropping the argument about piracy being wrong, what is your personal limit to DRM?

I'm not sure what your hobbies are aside from miniatures, but assuming you play video games, would you be okay if the new consoles came out with a requirement of always being connected to the companies servers?

Sure. It is not at all difficult to come by internet access in the Western world. Most of the games I play require it already, anyway.

This message was edited 1 time. Last update was at 2013/03/01 17:58:58


 
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 Fafnir wrote:
Would you be okay with not being able to let your friends play your games as well?

My friends are comfortably well-off enough that they can afford to spend $60 here and there on a video game.
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 Rented Tritium wrote:
Citation needed

http://www.copyright.gov/title17/92chap5.html#506

Click on "Criminal Offenses."
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 SilverMK2 wrote:
They are two separate and distinct things.

Theft of intellectual property is still theft. It doesn't matter that nothing physical was stolen.

That wasn't my main point, simply an aside to illustrate how many people feel about the actual value of music.

Funnily enough, I bet you'd come up with the same majority opinion if you asked a bunch of pirate gamers about the "actual value" of games.


Automatically Appended Next Post:
 Rented Tritium wrote:
That's for bootlegging and doesn't apply to the piracy you're referring to ITT.

Try reading it again.

This message was edited 1 time. Last update was at 2013/03/01 18:22:49


 
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 Rented Tritium wrote:
I've got professional experience reading statute, thanks. I'm good.

So if you upload a pirated game for download, you don't think you could be subject to criminal penalties?

Interesting, considering it says the exact opposite.
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 Ouze wrote:
No matter how much you wish it to be so, 2 + 2 is not going to equal 5 to anyone other then you.

To put it differently, I know 9 people who disagree with you on this exact point.

Dowling's a pretty narrow decision relating strictly to charging under that particular statute.


Automatically Appended Next Post:
 Rented Tritium wrote:
I strongly suggest you read the whole thing, including the definitions.

Citation needed.

This message was edited 1 time. Last update was at 2013/03/01 18:30:37


 
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 SilverMK2 wrote:
Quite possibly. I just recall it as an interesting factoid.

Is it really all that interesting, though? I'd imagine most criminals look for a way to rationalize their behavior.
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 Rented Tritium wrote:
I just cited it. Go back and read the section that says "definitions", specifically the one for "being prepared for commercial use"

That statute specifically deals with unreleased and limited release content and does not apply to commercially available products.

Which is largely irrelevant, because I recall from my own torrenting days that screener copies of films were regularly available.

Subsection B would also cover a lot of the piracy being discussed in this thread.

There are very few torrent sites that I'm aware of that wouldn't fall victim to the same sort of prosecution as Megaupload. Therefore, we can conclude that if you're torrenting, you're probably doing it using one of the aforementioned sites, so, again...relevant to piracy as discussed in t his thread.
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 Ouze wrote:
Here's a citation: My ability to read plain english, FFS.

Uploading a "pirated game for download" your example, would only be subject to that statute if the game 1.) Was uploaded to a site where you made some financial gain from doing so,

Like, say, if you ran a torrent website supported by ad revenue?

Honestly, what the feth is with you guys? This is not a difficult concept. Do I need to use smaller words? Would you like a pet-related metaphor?



Automatically Appended Next Post:
 whembly wrote:
Wait... I'm confused... is the ISP providers doing the investigation on this?

No.

This message was edited 1 time. Last update was at 2013/03/01 18:39:38


 
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 SilverMK2 wrote:
 Seaward wrote:
Is it really all that interesting, though? I'd imagine most criminals look for a way to rationalize their behavior.


To go back to your point about the value of a car; it has value that most people can see. Even car thieves can see the value of a car (which is why they steal them a lot of the time, though not the exclusive reason to be sure). Compare a physical object with real world utility to music, or games, which have no intrinsic value and you can see how people, even if they do not pirate music or games, or support that activity, saying that they would not pay for digital media.

Hell, if I was unable to download music (if I did, obviously) I would just listen to the radio for free... which incidentally is what I do. The record companies still aren't getting any money from me no matter how harshly they want to deal with "pirates". I don't think I've bought any music (other than the odd CD my wife wanted) for over 10 years. Hell, I've bought more vinyl than I have CD's - this is all old stuff from the 80's that is second hand, so record companies still aren't getting anything from me even when I actually buy music

Perhaps we should outlaw second hand record shops since they are stealing mone... erm... bread out of the record companies mouths...

The record companies aren't getting any money from you, no. That doesn't mean they're not indirectly getting money out of radio airplay, which is why they allow it in the first place.

Same goes for whatever modern analogue of the radio you want to use. YouTube doesn't take down infringing videos while leaving up record company-approved ones for no reason.


Automatically Appended Next Post:
 Alfndrate wrote:
if games gave me an offline mode, I wouldn't care... but forcing me to play a single player game with an internet connection is a royal pain in the butt.

It isn't for me, but I understand that it is, apparently, for some people. I'd personally factor the cost of some sort of ISP plan into my gaming. Or a Virgin Mobile pay-as-you-go wifi USB stick. Whatever.

Would we see these kind of requirements if massive video game piracy wasn't taking place? Of course not. You can blame the publishers all you want, but they're simply responding to market conditions.






Automatically Appended Next Post:
 whembly wrote:
Okay then... so unless you're hosting massive torrent sites personally, it's really a moot point then.

Not really. The ISPs are rarely the ones who do the monitoring, and some media companies are more aggressive than others about monitoring their IP. My brother got dinged five separate times for illegal downloading while he was in flight school down in Pensacola. Got one ISP account closed, received warning letters on the subsequent one. I'm a little surprised he didn't get sued. But he was just downloading movies, not hosting anything.

This message was edited 2 times. Last update was at 2013/03/01 18:52:14


 
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 SilverMK2 wrote:
Ah, so what you are saying is that as long as one person pays for the music, it is ok for thousands of other people to listen to it for free? I'm glad we have sorted that out

Provided the record company agrees with that arrangement, sure. They legally own the rights, they can do what they want with them. Subverting copyright just because you feel what you're downloading has no real value or that the record companies don't need more money, on the other hand? I think I've already expressed my level of contempt for that notion.


Automatically Appended Next Post:
 Fafnir wrote:
The problem being that there's no real way to effectively monitor how much a game is actually pirated. A lot of times, publishers will blame piracy for poor sales when there could be a myriad of other reasons responsible, such as the game being poorly developed, or intrusive DRM.

Why is that a problem?

This message was edited 1 time. Last update was at 2013/03/01 18:57:22


 
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 Fafnir wrote:
You can't honestly cite piracy as the cause of your lack of profits if you can't actually know how many people pirated your game in the first place, let alone if they would have even bought the game otherwise. Most of the time, you just have publishers making obscene estimations concerning piracy rates for their products, and little else.

Which is pretty irrelevant, all things considered. Some titles do get pirated an obscene amount, some do not. The argument that a game didn't bring in as much money as expected due to piracy - and whether or not that's true - is only relevant to investors. The fact that enough games get pirated means that some form of DRM is going to be around, and every publisher is well within their rights to put it in.
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 Fafnir wrote:
Of course content producers are within their rights to protect their product. But when that DRM ends up becoming intrusive to the point where the pirates actually have an easier and better time using the product than the actual intended consumer base, there is an incredibly obvious disconnect. And that disconnect only gets bigger when the producers continue to do it even though it has been proven time and time again not to work.

That's assuming it doesn't work. I've seen little proof one way or the other, and as you pointed out earlier, there's no way of knowing how much a given game is actually pirated. Activation codes/passes and the like are certainly cutting into the secondary market, which is another goal.

I'm unaware of any modern game whose DRM is so unwieldy as to impact the game, and I've played some Ubisoft titles since they went to their always-on DRM, which many regard as the worst.
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 Rented Tritium wrote:
Steam is pretty much proof that user restricted DRM can be done in a way that is not just unobtrusive but actually PREFERABLE to traditional disks.

Which is why you see EA trying to flog Origin, and why Activision's going to come up with their own similar platform sooner or later. What's the problem?
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Sir Pseudonymous wrote:
What part of "piracy objectively causes no financial harm to anyone but pornographers" translates to "media companies make money so let's rob them" in your head?

Probably the "piracy doesn't hurt anyone who doesn't deserve it," part.

Your entire position boils down to the notion that because they're still making money, and in some cases growing, piracy can't possibly be a detriment. It's based on more than one logical fallacy and has zero supporting evidence, but even granting that it's true - it's not - it simply doesn't matter. It's still illegal, and a roundabout way of trying to justify the underlying "I'm either too poor to afford or simply don't feel like I should have to pay for my entertainment," rationale that is the basis for piracy. The consumer isn't the one who gets to decide when it's cool to ignore copyright and when it's not.
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Sir Pseudonymous wrote:
It's illegality all comes down to rather illegal subversion of the lawmaking process by wealthy businessmen, so arguing that it's wrong because some cokehead suit once bribed some legislators is a rather odd way of approaching the situation.

I think the problem may be that you appear to believe copyright law was invented when Napster first got going. I assure you, it's been around longer than that, and it's a pretty important concept. I'm arguing that copyright law should be enforced, and that you do not have a right to media simply because you believe you should.

And for third time in this thread: research has shown that the biggest pirates are also the biggest customers of the media companies.

And you're welcome provide that research anytime you like. For the third time this thread.

There is only a finite amount of money to be spent, of which only a portion can go to media, and the biggest consumers of media consume far more than they can actually afford, while buying all that they can. it is not physically possible for piracy to harm the media creators, as they are already receiving all the money that can be spent on their products.

That's probably the most absurd thing I've ever seen on Dakka, and I routinely talk with socialist Australians.

There is no evidence to suggest that piracy actually harms sales, except in the case of products that are grossly overpriced. To the contrary, there is some that suggests it's basically just free advertising, and is particularly beneficial to small companies/independent artists who need the publicity.

No. There is quite a bit of evidence, actually.
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Sir Pseudonymous wrote:
It all comes down to power. They've lost absolute control over their products, and flail madly, harming countless innocents in the process, in some vain hope it will restore the authority they once had. They feel they've lost face, and think nothing of subverting the law to serve their own personal vanities.

The idea's been floated before, but it gets shot down for the reasons enumerated above; they want absolute authority, and will tolerate no debate on the subject.


At least most of the new generation of creators, those who comment on the matter anyways, have practically grown up with the internet, and understand the situation far more clearly than the old guard. As I said earlier in the thread: the war is all but won, for our generation and those who follow know the right of the matter, and will be the establishment when the old guard has retired or succumb to age.

And this is what I meant when I said there's a bizarre Robin Hood complex among those who feel they have a right to simply not pay for copyrighted material when they don't feel like it.
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Sir Pseudonymous wrote:
That's a rather silly and grandiose way of putting it. "Taking from the rich" would require, you know, actually taking something from them. Considering the meteoric rise of the media industries (either of the establishment, as with movies and games, or overall, as with music and games) coincides with the rise of piracy, the only legitimate connection you could draw from the numbers would be that piracy is positive. In the case of independents, it very much is, disseminating their unknown product and spreading their name around, where otherwise they would inevitably wither and die in obscurity; many of them are aware of this, and outright admit it. These are the people who will be the establishment tomorrow (metaphorically speaking), the ones who actually know what's going on, and aren't just lashing out at anyone who dares question their authority.

You make a lot of claims without providing any evidence for them whatsoever.

The fact of the matter is, you're doing something illegal, and claiming it's actually a benefit to the party you're offending - strictly as a way of rationalizing your behavior, of course. They do not agree with you, and it's their call to make, as they're the copyright holder. I get that you don't like to admit you pirate because you're either poor or simply knowingly acting immorally out of greed, but pretending as though you're the white knight of the gaming/movie/music industry because you're illegally downloading their product is ridiculous.
 
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