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I disagree, and there are factual errors in your statements. Joel Send a noteboard - 07/02/2012 07:36:16 PM
you're trying to say that *everyone* who is pirating copyrighted material is just doing so because they can't afford, or don't want to buy, what they are pirating. i would say that if you follow the trends and most of the independent studies on the subject, the fact is that well over 50% of people who pirate do it for reasons other than just plain getting something for free. in many cases, it's because they are willing to buy the product but are either not getting it in a format they prefer, or they want to be able to justify purchasing it in a physical format and are using the downloaded version to make sure it's worth buying. having alternatives to the brick and mortar stores and/or expensive movie theaters would greatly reduce piracy to the tune that a lot of people who are currently pirating would turn into paying customers instead of criminals. are you honestly telling me that if you could subscribe to a service that gave you all the broncos games in a season for $10 you would still stream them for free through illegal websites?

You know the only thing more speculative than Big Medias sales losses due to piracy? The extent they could reduce piracy with their own cheap, easy and reliable download portals. Any study claiming to put a number on that is just guessing. Are you honestly telling people who will illegally download copyrighted material for free under ANY circumstances will admit that when asked? Even though the inability to do it legally is the most popular explanation/excuse for doing it illegally?

I agree this is not an end user problem, but it is most definitely an illegal for profit provider problem. I would not criminalize obtaining copyrighted electronic data for free any more than I would criminalize people making and mailing Phish concert tapes. If I correctly recall the way you explained that to me, Phish did not mind either—unless there was money involved, because then someone else was making a profit off their work, a valid complaint. We should target the sites, aggressively, using every legal means to block access to them and any site deliberately providing that access, shutting them down and prosecuting the operators when possible, just like we do any other thief. We should NOT target everyone who has ever had even brief and/or innocent contact with them, or let unsubstantiated unspecified accusations of piracy justify blocking/taking down sites.

Those are straightforward improvements over SO/PIPA. We would not even have to worry about Congress comprehending measures so similar to what they did with the DMCA. And before you say it again, no, that does not prove DMCA adequate, because the proposed legislation specifically targets regions outside DMCAs jurisdiction. Buying a new set of tires does not obviate the need to change sparkplugs.


does the pirate bay make money off of the distribution of copyrighted material?

Not only yes, but HELL, yes! One of Wikipedias cited links is dead, and the other just goes to a front page, but this one covers the matter well:

http://translate.google.com/translate?u=http%3A//www.fria.nu/artikel/78204&hl=en&langpair=auto%7Cen&tbb=1&ie=UTF-8

By Pirate Bays own lawyers estimates, site costs in 2009 were a little over $112,500 and ad revenue was a hair over $102,000. On the other hand, a police investigation conducted the same year put their revenue at just under $169,000, and prosecutors at the trial put it close to $1.5 million. They indisputably make money; the only question is whether they make a PROFIT, and unless you believe putting ads on each page and flashing more at people during downloads only pulls in $102,000 per year, even that is not really in question.

Wikipedia also cites this quote from a Pirate Bay co-founder:

"It's not free to operate a Web Site on this scale.... If we were making lots of money I, Svartholm, wouldn't be working late at the office tonight, I'd be sitting on a beach somewhere, working on my tan."

THAT is the crux of the matter: Swapping around copyrighted material between your friends at no cost is no threat to the media industry, because with no profit to be made no one can sit around doing it on a large enough scale to significantly eat into their margins; most people so inclined are too busy putting food on the table. Going after advertisers supporting pirate sites would be another excellent way to attack the problem at its SOURCE (the only place it can be effectively attacked.) No advertising firm, manufacturer or retailer making millions, or billions, of legal dollars will spend hundreds of thousands sponsoring piracy that costs them millions in fines, all in the faint hope people illegally downloading free media will buy their products.

no, they give it away for free. do you consider what pirate bay does to be perfectly legal? according to your numerous explanations they are in the right for offering copyrighted materials for no cost. yet, some of the admins of the site are in jail now because sweden changed their laws to make what they do illegal, in large part because of pressure from the very industries that want sopa and its ilk. i would love to see you go to sweden and explain to them that what pirate bay does is perfectly legitimate copyright infringement and i'm sure the judge will clear the charges.

They are NOT giving it away for free, just charging advertisers rather than downloaders. The advertisers only pay so people illegally downloading media WITHOUT paying buy their products (I can only hope that works as badly as it sounds like it should. )

C'mon, man, I know you insist I am uninformed on this issue, but I am not THAT ignorant. Neither is Congress. And neither are you.

so, once again, THERE IS NO WAY TO FULLY SHUT DOWN PIRACY! no matter what you propose for penalties, SOMEONE will always find a way around it, and many people will take it for no other reason than that they can. when it can be proven that over 50% of people who illegally download actually come back and buy the same products they've "stolen", you'll still argue that tougher restrictions should be put in place instead of changing the market to suit the ACTUAL PAYING CUSTOMERS.

ACTUAL PAYING CUSTOMERS are not the problem. And we are still back to speculating what people illegally downloading media for free now WOULD do if given a way to legally download it for a price, which is still the same hypothetical data you so roundly condemned when Big Media used it to estimate revenue they WOULD get if law enforcement reduced piracy. I also still dislike double standards intensely so, no.

if you want to use phish as an example then let's see how it works for them: they have allowed recording of their live shows since their very first performance (12/1/84 or somewhere around that time). because of this, there is an extensive back catalog of shows which lots and lots of people enjoy trading for no more cost than the price to ship some CDs or tapes. when the digital revolution happened to music, instead of CDs and tapes it went to FLAC and SHN files. when phish got back together this last time, they launched a store where they sell certain specific copies of shows for purchase. their informal, but written, request is that any show which is put up for sale no longer be traded for free. because of the loyal fan base (and this is the real key -- LOYAL FAN BASE) anyone who puts up a torrent of a show which is in the phish store is blacklisted and their files taken down. this is phish enforcing their copyright, and exactly how the system is designed to work.

How is making an informal request their LOYAL FAN BASE CHOOSES to honor "Phish enforcing their copyright"? That is the fan base enforcing their copyright.

what the movie studios are doing, is to go to the people who have been BEGGING for other formats or different delivery systems for movies and tell them all they are thieves and should be locked up for a felony for up to 5 years because they dared to go outside the normal distribution channels.

No, they are going after people not simply "begging for other format," but patronizing illegal ones. Huge difference, though I still do not feel anyone not paying or being paid for illegal media is a significant problem, nor that they can be demonstrated to cause any harm, since the only thing Big Media is "losing" is those peoples money, which was not being paid for the product in the first place, and probably never would be.

they berate people who are paying customers and push for tougher laws which continue to extend copyright beyond the life expectancy of the original artist.

They do not berate paying customers, they berate non-paying users. Many also pay them for media, but no one is complaining about that (except maybe Pirate Bay,) only the illegal activity. To employ another analogy, that argument is the equivalent of saying, "speeders is not theft, robbery, murder or rape, so laws against speeding unfairly malign and abuse law abiding citizens." "MOSTLY law abiding" is not "law abiding," and "MOSTLY paying customers" are not "paying customers."

people are pissed off and there are fewer and fewer loyal fans/customers of the major studios left every year. in the case of phish, the fans actually help with copyright enforcement.

No, no; Phish handles the responsibilities of enforcing their copyright themselves, just like Big Media should, remember?

in the case of the mpaa, this is what they want, but they're trying to get it by insulting everyone who should be on their side and trying to put them in jail.

THEY are a bit pissed themselves that other people are making money off their work, and costing them money as a result. To a certain extent that is hypocritical, considering their treatment of artists, but to the extent they are producing and promoting the media at no small expense only to have other people show up at the final stage, steal it, give it away and make money doing it, they have a legitimate complaint.

Big Media is selfishly focused on their own narrow interests, and consumers are selfishly focused on theirs. Guess who has EXISTING law on their side. If you need a hint, Congress will provide one soon. Meanwhile, the ACTUAL pirates (the people illegally providing stolen data, not those receiving it) do not care, because as long as that is the debate no one is interfering with them, even though they are the real problem. Probably the best way for consumers to prevent a cyberpolice state and avoid being targets of Big Medias frustration is to suggest and support laws against pirate sources, and enforcement of same. Regardless, insisting theft prevention infringes on free speech and demanding it all go away is not a realistic option.

We can keep going round and round about this, but telling me I am uninformed then playing dumb about a host of issues well known to ignorant people like me encourages skepticism. It is not negotiating in good faith and thus not to be taken seriously. Once again, you can safely assume Congress feels the same.
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This message last edited by Joel on 07/02/2012 at 07:38:11 PM
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You will never kill piracy, and piracy will never kill you - 05/02/2012 06:56:57 PM 1103 Views
Pretty much - 05/02/2012 08:39:16 PM 322 Views
The article both raises good points and is full of shit - 05/02/2012 11:36:25 PM 593 Views
Re: The article both raises good points and is full of shit - 06/02/2012 02:07:01 AM 490 Views
Re: The article both raises good points and is full of shit - 06/02/2012 02:11:38 AM 520 Views
Then it really seems to differ between our countries - 06/02/2012 10:52:39 AM 463 Views
What are your ticket prices? *NM* - 06/02/2012 12:53:04 PM 203 Views
are those theaters all hollywood movies or from european studios? - 06/02/2012 03:01:37 PM 515 Views
Both, basically - 06/02/2012 04:55:36 PM 517 Views
I just want to comment on a couple things. I feel like you're a little bit behind the times. - 06/02/2012 05:23:40 AM 588 Views
Disagree. *NM* - 06/02/2012 09:38:56 AM 348 Views
Feel like explaining? *NM* - 06/02/2012 03:25:11 PM 179 Views
Well, call me old-fashioned but I think that'll be my preference for a while now. - 06/02/2012 10:36:41 AM 452 Views
It's not just a matter of taste when one technology is demonstrably superior. - 06/02/2012 04:04:27 PM 470 Views
Re: It's not just a matter of taste when one technology is demonstrably superior. - 06/02/2012 04:27:09 PM 354 Views
It's rare, I'll admit. - 06/02/2012 06:19:20 PM 342 Views
My age is gonna show even more in the next reply, but here we go - 06/02/2012 06:25:09 PM 456 Views
Re: My age is gonna show even more in the next reply, but here we go - 06/02/2012 08:13:48 PM 491 Views
I'll give you a hint. - 13/02/2012 03:31:56 PM 586 Views
Re: I'll give you a hint. - 14/02/2012 01:52:50 AM 392 Views
yeah, cinemas here aren't doing so well - 06/02/2012 01:33:06 PM 413 Views
That subject line well encapsulates this whole debate, IMHO. - 07/02/2012 07:52:22 PM 444 Views
That pretty much echoes my opinion on the subject - 06/02/2012 12:56:49 AM 501 Views
Holy text-wall, Batman! - 06/02/2012 12:49:28 PM 400 Views
I did not ask for alternative LAWS, Obama did; I merely quoted him, and this article mentions no law - 07/02/2012 04:50:14 AM 524 Views
you're confusing the issue - 07/02/2012 06:22:30 AM 391 Views
No, I am clarifying the issue. - 07/02/2012 06:54:40 AM 511 Views
again, you are taking the wrong approach - 07/02/2012 03:57:03 PM 489 Views
I disagree, and there are factual errors in your statements. - 07/02/2012 07:36:16 PM 467 Views
actually, there are not - 08/02/2012 04:15:09 AM 376 Views
Yeah, actually there are. - 09/02/2012 01:53:02 AM 483 Views
Re: No, I am clarifying the issue. - 07/02/2012 07:52:42 PM 437 Views
It is not the same as taping an album for a friend. - 09/02/2012 01:18:42 AM 484 Views
Re: It is not the same as taping an album for a friend. - 09/02/2012 10:39:05 PM 383 Views
Re: It is not the same as taping an album for a friend. - 12/02/2012 12:04:57 AM 471 Views

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