Judge for TPB trial member 2 pro-copyright groups, oops.

doho7744

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Breaking new found over at http://arstechnica.com/ . Turns out the judge who was so generous in handing out damages and jail time to the pirate bay defendants is a member of not one but two pro-copyright/anti-piracy groups. When questioned about it, his reply: "My view has been that these activities do not constitute a conflict of interest," Norström said. Needless to say the defendants are preparing to call for mistrial.

Well it looks like Sweden has its own version of "The Star Chamber", get'em anyway you can.
 
[quote name='doho7744']Breaking new found over at http://arstechnica.com/ . Turns out the judge who was so generous in handing out damages and jail time to the pirate bay defendants is a member of not one but two pro-copyright/anti-piracy groups. When questioned about it, his reply: "My view has been that these activities do not constitute a conflict of interest," Norström said. Needless to say the defendants are preparing to call for mistrial.

Well it looks like Sweden has its own version of "The Star Chamber", get'em anyway you can.[/quote]

Reminds me of the Scopes Monkey Trial, where the judge opened up every day of the trial with a prayer and routinely quoted scripture. Problem is, this justice's viewpoint is so axiomatic that he equates all action taken in the name of copyright enforcement to justice, and therefore sees no issue.
 
Wow, they just caught this? Can't say i'm really surprised, i knew there would be some issue to come up in course of the trial.
 
[quote name='JolietJake']Wow, they just caught this?[/QUOTE]

Applies to both sides, really. The prosecution should have foreseen this to avoid the potential backlash as well.

The judge's response reminds me of a trial that Justice Scalia refused to recuse himself from - his response being a milder form of "go fuck yourself and don't pay attention to this."
 
If we conflicted out every judge who demonstrated a policy position on the contended issue we'd never get anything decided. Be a different case if he stood to profit from the decision, of course.
 
i went into the article a skeptic (i believe TPB got off way too easy, and don't think simply being part of a pro-copyright group is conflict of interest.. that's like having an anti-rape judge in a rape case) -- but the groups he belongs to sound more like entertainment lobbying arms. says hollywood / music execs are his boardmates in the groups.. so, yes, definitely a conflict of interest.

i hope TPB is given another trial and the prosecution gets their act together before going at it again.. give em more than a slap on the wrist.
 
A lot of people think they were wrongfully convicted (I don't) and I doubt another trial would get them off unless they brought up some damning piece of evidence that got them off clean. Stuff like this isn't overturned in other countries.

I also think that calling themselves "The Pirate Bay" is pretty stupid if you ask me.
 
[quote name='Magus8472']If we conflicted out every judge who demonstrated a policy position on the contended issue we'd never get anything decided. Be a different case if he stood to profit from the decision, of course.[/QUOTE]
Are you shitting me? The judge in a case is involved with several groups that support the prosecution, and you don't think that's a problem.

That's unreal.
 
[quote name='Liquid 2']Are you shitting me? The judge in a case is involved with several groups that support the prosecution, and you don't think that's a problem.

That's unreal.[/QUOTE]

How does supporting stricter copyright law translate into "biased towards the prosecution?"

Again, if having an extrajudicial policy position necessarily implied bias there wouldn't be anyone left to be judges.
 
[quote name='Magus8472']How does supporting stricter copyright law translate into "biased towards the prosecution?"

Again, if having an extrajudicial policy position necessarily implied bias there wouldn't be anyone left to be judges.[/QUOTE]
Judges are supposed to judge in terms of the current law, not judge in terms of how they feel about a case.

The prosecution argued that the Pirate Bay facilitated copyright infringement, and they argued they were merely a search engine. If you were a member of several pro-copyright groups, which side would you want to win?

Judges are supposed to be judges. And, you know, unbiased and impartial.

And your last sentence doesn't even fucking make sense. Read it again, and think about what the hell you said.
 
[quote name='Koggit']i went into the article a skeptic (i believe TPB got off way too easy, and don't think simply being part of a pro-copyright group is conflict of interest.. that's like having an anti-rape judge in a rape case) -- but the groups he belongs to sound more like entertainment lobbying arms. says hollywood / music execs are his boardmates in the groups.. so, yes, definitely a conflict of interest.[/quote]

I don't think that being against violent crime with an established history of being a social taboo before it was codified anywhere is a valid comparison with a technological *means* of committing illegal activities, which is undoubtedly ambiguous.

Looking at the history of copyright lawsuits w/ player pianos, reel-to-reel tape, cassettes and VCRs, this sort of thing is well established in American law (not sure about Sweden). You're being sold or given nothing illegal. Like buying a bong, for another means of comparison. How the consumer uses it is immaterial to the distributor's liability (e.g., why accidental death lawsuits that result in civil charges being filed against gun companies are thrown out so quickly). They sell you a product, and the end user, in turn, can opt to use it in legal or illegal ways.

i hope TPB is given another trial and the prosecution gets their act together before going at it again.. give em more than a slap on the wrist.

Slap on the wrist? You don't understand the Swedish criminal justice system. Stop being ethnocentric and thinking that everyone deserves a dime - and, more importantly, that such sentences work.
 
[quote name='Magus8472']How does supporting stricter copyright law translate into "biased towards the prosecution?"[/QUOTE]
You need to read transcripts from the trial. The procedure, evidence, prosecution being allowed to change the charges *3 TIMES DURING THE TRIAL*, etc, would convince you that bias was clearly obvious throughout.

IANAL. I was reading the transcript of the second day and the entire thing read like a bizarro trial. I was trying to envision an appeals panel that wouldn't dismiss the absurdity going on in the trial. It's impossible, which is why the TPB guys have been so calm about this. Even without the judge's obvious ethical lapse, it was a kangaroo court. Hell, Judge Judy transcripts probably look more sane and just.

The judge was taking orders from the prosecution. The prosecution was taking orders from the **AA. And as we all know, the **AAs are grossly incompetent. Everyone looked like a damned fool.
 
Good article from an (admittedly) biased source :D


Piracy is not usually honorable. But it is often a symptom of some kind of failure or injustice. The 17th Century pirates of the high seas were rebelling against tyrannical maritime labor practices. The pirates in Somalia are a direct result of government failure, and the pirates put on trial in Sweden were the result of a market failure, which is sadly now a decade old.
That the market has not come up with alternatives to file-sharing good enough to make piracy moot is the real problem, and the companies and individuals that have stood in the way of this are the ones who owe content creators an explanation. Extremists on both sides are hailing this as a win, but it’s the majority of us in the middle who continue to lose out.

More here: http://torrentfreak.com/why-everybody-lost-the-pirate-bay-trial-090423/
 
piracyf.jpg
 
[quote name='Liquid 2']JJudges are supposed to be judges. And, you know, unbiased and impartial.[/QUOTE]

They're not.

That's my point.
 
[quote name='Liquid 2']Judges are supposed to judge in terms of the current law, not judge in terms of how they feel about a case.[/QUOTE]

That's pretty much a truism, yes.

The prosecution argued that the Pirate Bay facilitated copyright infringement, and they argued they were merely a search engine. If you were a member of several pro-copyright groups, which side would you want to win?

The prosecution, but that shouldn't factor into my decision, yes?

Judges are supposed to be judges. And, you know, unbiased and impartial.

Another truism.

And your last sentence doesn't even fucking make sense. Read it again, and think about what the hell you said.

I'll rephrase. I know absolutely nothing about this case, the people involved, or what membership in these groups entails other than an assumption that one is in favor of stricter copyright law.

That said, judges have opinions and beliefs about policy ("extrajudicial policy positions"). You can either believe that having them automatically translates into bias in a courtroom ("implies bias") or not. Ideally, they shouldn't, and defaulting to believe that they don't is just a simple matter of faith in the judicial system, justified or not. But such is not always the case. Again, I don't know anything about Swedish courts. Were it impossible not to show bias as a result of one's policy opinions, there'd be no such thing as impartiality. ("noone left to be judges")
 
Magus, even if a judge believes rape shouldn't be illegal, that doesn't mean he/she can't judge whether or not a rape occurred. Yes, the judge could be dishonest about it, but he/she doesn't have to be.
 
[quote name='mykevermin']Oh, what absolute, unadulterated, self-righteous bullshit.[/quote]

Hey I have an idea. Have the recording industry keep doing what they're doing. Let's see how that works out, professor.
 
[quote name='62t']
piracyf.jpg
[/quote]

I'm going to say this is partially true. Just because someone did pirate something, doesn't necessarily mean they would have bought it had they been unable to.
 
[quote name='georox']I'm going to say this is partially true. Just because someone did pirate something, doesn't necessarily mean they would have bought it had they been unable to.[/QUOTE]
But that's not what the pic is about.
 
Yeah, the trial was a complete joke, but... the Pirate Bay members broke the law, right? I don't see the problem. I guess if I was up for child rape charges I'd want Michael Jackson to preside over the case, but still, illegal is illegal.
 
[quote name='Friend of Sonic']Yeah, the trial was a complete joke, but... the Pirate Bay members broke the law, right? I don't see the problem. I guess if I was up for child rape charges I'd want Michael Jackson to preside over the case, but still, illegal is illegal.[/QUOTE]
But is the law valid? Does it contradict some other law?
 
[quote name='camoor']Hey I have an idea. Have the recording industry keep doing what they're doing. Let's see how that works out, professor.[/QUOTE]

What do you propose they do? We have stores, local and national (fewer of the former thanks in part to pirates). We have online distributors. We have instantaneously purchasable mp3s from a number of sources.

What more do you want? $1.50 albums? The industry *has* reacted, and people's response has largely been "not good enough," because "good enough," to you and them, means "gimmie free shit." That's an unsustainable business model. It's a virtual stick-up.

The market has responded, but the allure of FREE albums immediately available is too great. That's the thing: the market can't respond to your satisfaction until it's dead, until record stores are dead, until itunes and amazon mp3 are dead. That's the reaction you want: the complete death of the music industry, and the resulting clusterfuck free-for-all release of any and all recorded materials.

If you really do want that, well, bully for you - but don't get high and mighty about your so-called ideals here. Admit you're just a greedy fuck who wants what you want when you want it with no regard to how it impacts others. Like the millions of others who do the same thing.
 
the (music) industry's not doing all that bad... especially indie labels. big label sales are down, but indie labels are up.

the effect of piracy on the movie industry also appears to be trivial at this point.

from my view it seems the biggest victim is actually software companies, yet they're the least vocal opponent.. odd..
 
[quote name='Koggit']the (music) industry's not doing all that bad... especially indie labels. big label sales are down, but indie labels are up.

the effect of piracy on the movie industry also appears to be trivial at this point.

from my view it seems the biggest victim is actually software companies, yet they're the least vocal opponent.. odd..[/QUOTE]
It's not odd. Many software companies are OK with the effects of piracy. They don't say it, of course.
 
[quote name='mykevermin']What do you propose they do? We have stores, local and national (fewer of the former thanks in part to pirates). We have online distributors. We have instantaneously purchasable mp3s from a number of sources.

What more do you want? $1.50 albums? The industry *has* reacted, and people's response has largely been "not good enough," because "good enough," to you and them, means "gimmie free shit." That's an unsustainable business model. It's a virtual stick-up.

The market has responded, but the allure of FREE albums immediately available is too great. That's the thing: the market can't respond to your satisfaction until it's dead, until record stores are dead, until itunes and amazon mp3 are dead. That's the reaction you want: the complete death of the music industry, and the resulting clusterfuck free-for-all release of any and all recorded materials.

If you really do want that, well, bully for you - but don't get high and mighty about your so-called ideals here. Admit you're just a greedy fuck who wants what you want when you want it with no regard to how it impacts others. Like the millions of others who do the same thing.[/quote]

:lol:

ITunes is a shitty way to sell music online. Amazon is a shitty way to sell music online.

Granted it's better then the first timid steps in the water that the big labels made, we've mostly done away with compulsion to buy an album worth of music and recently lost the DRM, but it's still an awful experience.

People would still probably be happy with this shitty technology if they hadn't tasted the musical variety and socialization opportunities offered by P2P. You see, the major labels failed on many fronts, entering the digital market late, setting expectations, marketing, public perception...

People want something that will knock their socks off, why can't P2P with it's cornucopia of all music ever created be monetized, once people have tasted the variety it's hard to go back to being forced into buying only the cuts selected by the man for release (hard to put that toothpaste back in the tube...). Out of all the options only youtube is on the right path, and its marketing of music is only in its infancy. We're alot more informed today too, so a small notice of how much of our money actually goes to the band would go a long way to establishing some good will here.

Take the shareware/trialware world - I buy alot of software this way because it solves a very useful issue for me, but the programs I don't like remain shareware that's used once or twice and then discarded. The programmer himself sets the protection method, from nag screens (low protection) to an expiration date (high protection) for unregistered code. I can send the shareware program to friends when it's really cool, and I feel good because it increases the earning potential of the programmer. Do shareware programmers bitch that they get a raw deal, maybe sometimes but they understand that capitalism is difficult, part of the trick is working your magic to get the customer to open his wallet.

Record labels should be put on notice, the days of money for nothing and chicks for free are over. They can continue to pay the lawyers and politicians or shift this money to the sales and technology teams. I know where I'd spend my money.
 
[quote name='Koggit']the (music) industry's not doing all that bad... especially indie labels. big label sales are down, but indie labels are up.

the effect of piracy on the movie industry also appears to be trivial at this point.

from my view it seems the biggest victim is actually software companies, yet they're the least vocal opponent.. odd..[/quote]

Establishment software players are more concerned about losing market share to open source. In comparison, piracy is small potatoes.
 
[quote name='mykevermin']
What more do you want? $1.50 albums? The industry *has* reacted, and people's response has largely been "not good enough," because "good enough," to you and them, means "gimmie free shit." That's an unsustainable business model. It's a virtual stick-up.
[/quote]

How about just allowing buyers to stream the whole record online (Myspace or similar) first? It's hard for me to argue pricing for downloads, as I have a hard time paying for something that doesn't exist physically.
 
[quote name='willardhaven']How about just allowing buyers to stream the whole record online (Myspace or similar) first? It's hard for me to argue pricing for downloads, as I have a hard time paying for something that doesn't exist physically.[/QUOTE]

The argument I'm trying to make is that the market response *is* multifaceted. Don't care for physical albums? Well, buy the song. You have cheap and legal options to do so. Don't care to go to the store but want a whole album? Legal options there, too.

Companies have tried "buffet-style" responses - napster comes to mind as well as rhapsody (? - whatever was preinstalled on Dells about 5 years ago). People don't like them because they don't like the drm/tying of ownership to certain devices.

The consumer wants its cake, it wants to eat the cake, and it doesn't want to pay a dime for it. That's the market reaction.

I have a bias here. I like physical albums - especially records. I like small record stores, and I listen to music that's by and large on smaller labels. When I have friends consolidating record stores over years, only to finally close them, I get upset. When I have colleagues who ran labels that put out niche music since the early 1990's because people aren't buying albums anymore and smaller stores (the ones who carry their albums) are going out of business, I look to pirates. I look to the fact that you can enter in "band name here" + "blogspot" and find a megaupload-like file service and download the entire album in moments - when I see google searches RECOMMENDING I add "blogspot" to the end of a band name, it says to me this is an ordeal, this is a problem.

Am I going to succeed in fighting it? Not at all. This is a generational trend that I can't fight. Let me show you how behind the times I am; when I bought my car 7 years ago, I paid EXTRA to have a cassette player put in it w/ the CD player. I still use it. fuck yeah I do.

But what I'm bothered by is considered normative behavior by people like camoor. The belief that we are ENTITLED to be ENTERTAINED, WHEN we want, and by WHATEVER we want, irrespective of whether or not we have to take someone else's property in order to be entertained. Moreover, legit attempts to perpetually entertain us that come with small fees and minor usage restrictions create further outrage by users. The modern consumer is short-sighted, has no concept of delayed gratification, no concept of paying for something, and a feeling that one deserves whatever it is that they're interested in, no restrictions and no questions asked, the very moment they desire it.

It is gluttony, it is selfishness, it is destructive, and it is theft. When I have a colleague shutting his label down while people like SneakyPenguin, the blog he hosts and the blogs he link to, provide me with access to downloading hundreds of albums by similar artists that I can acquire every last bit of within a matter of minutes...I am the one who clearly sees through the "if you like it, buy it please" lip service and into a realm of destructive and self-absorbed behavior that insists we are gluttonous kings. We are entitled to be entertained by what we want, when we want it, and how we want it. And anyone who gets in our way of being perpetually entertained is a fascist oppressor, and will be destroyed. Bring on more entertainment for the lords!

WE DEMAND TO BE ENTERTAINED! PRODUCE, MONKEYS! PRODUCE!
 
I'm going to have to go more with myke on this one (even though I do still dl "free" music). At this point there are several ways to get music digitally and legally. You're also able to dl individual songs, which I'm sure the record companies hate (most people only like the singles anyway, and they used to have to buy entire records to get some songs they liked). The only thing left that I dislike is the iTunes-style DRM that's tied to particular devices. I'd still rather not pay for digital music though since most of the albums I like sell for ~$10 for the physical CD anyway.

So I'm with myke on this - almost all that's left is excuses. I know the feeling: should I buy this music I like that I can get for "free" or this 360 game or useless vinyl collectible that I can't? Of course I dl the music and buy the shit I can't easily steal. I plan on buying more albums as I get more money, but until I have quite a bit of extra cash I'll still be stuck with the same dilemma.
 
You guys are making convincing arguments for popular new music. Should people have to pay for .MP3s from out of print recordings or bands that no longer exist? Do you agree that the Pirate's Bay folk were criminally responsible?
 
[quote name='willardhaven']You guys are making convincing arguments for popular new music. Should people have to pay for .MP3s from out of print recordings or bands that no longer exist? Do you agree that the Pirate's Bay folk were criminally responsible?[/QUOTE]

Despite my stubbornness, it's not an easy thing to parse out.

Johnny Cash is dead. His estate hardly let rigor mortis set in before they started whoring out his classics to Chili's restaurants and travelocity commericals. I don't have respect for his estate, and he's not around to make any money. So while I have sympathy there, that doesn't mean I *condone* theft of his music. But I do sympathize.

Is Pirate Bay criminally responsible? No more than the VCR is, or player pianos. And no more than gun makers are responsible for firearms-related fatalities. Which is to say, at least in the United States, not at all. But I don't know much about Swedish case law, other than that I'd be surprised if their case law was harsher than the US.

[quote name='willardhaven']What about streaming the records online for free to let people try before they buy?[/QUOTE]

Depends on what you mean technologically. You can capture, record, and convert audio tracks from places like YouTube. May not be a big deal if few people do it, I suppose.

There's always radio online. Or Myspace.
 
[quote name='willardhaven']You guys are making convincing arguments for popular new music. Should people have to pay for .MP3s from out of print recordings or bands that no longer exist? Do you agree that the Pirate's Bay folk were criminally responsible?[/quote]

I understand about stuff that's out of print. If there's really no way to buy it then I don't see how you're supposed to, but if it's offered digitally legally then it's no excuse to say that it's out of print and so I pirated it (besides maybe the DRM argument).

As for criminal responsibility, I didn't really say anything because it is sort of a gray area (and I know nothing about the laws). Offering an open torrent network doesn't necessarily make you responsible for any criminal usage of it, but at the same time if you're aware of criminal use and do nothing to try to prevent it, or you actively encourage the criminal usage of it, then I think you should definitely be held responsible.

The problem is that TPB are as good at capitalism as the recording industry, and they know that if they discourage criminal use of torrents they won't get nearly as much traffic, so they try to hide in that gray area instead.
 
I'll tell you what i think is criminal, just how little the artists get on the sales of their music. They make more from touring really, it's the record companies that get most of the profits from media sales.
 
[quote name='JolietJake']I'll tell you what i think is criminal, just how little the artists get on the sales of their music. They make more from touring really, it's the record companies that get most of the profits from media sales.[/QUOTE]

I don't know if you mean this as a defense of piracy, but one response to how little we think bands make from album sales that is counterproductive is to pirate the albums, taking away the already paltry sum they get, in effect giving them less money. That's not a proper lesson, y'know.
 
I may have mistyped, I don't necessarily think the Pirate's Bay folk were criminally responsible (from a U.S. perspective) either. I was just asking to keep things somewhat on topic while still connecting to our discussion.
 
[quote name='mykevermin']I have a bias here.[/quote]

Judge Norstrom?

[quote name='mykevermin']I like physical albums - especially records. I like small record stores, and I listen to music that's by and large on smaller labels. When I have friends consolidating record stores over years, only to finally close them, I get upset. When I have colleagues who ran labels that put out niche music since the early 1990's because people aren't buying albums anymore and smaller stores (the ones who carry their albums) are going out of business, I look to pirates. I look to the fact that you can enter in "band name here" + "blogspot" and find a megaupload-like file service and download the entire album in moments - when I see google searches RECOMMENDING I add "blogspot" to the end of a band name, it says to me this is an ordeal, this is a problem.

Am I going to succeed in fighting it? Not at all. This is a generational trend that I can't fight. Let me show you how behind the times I am; when I bought my car 7 years ago, I paid EXTRA to have a cassette player put in it w/ the CD player. I still use it. fuck yeah I do.

But what I'm bothered by is considered normative behavior by people like camoor. The belief that we are ENTITLED to be ENTERTAINED, WHEN we want, and by WHATEVER we want, irrespective of whether or not we have to take someone else's property in order to be entertained. [/quote]

Noone took anything. Your class assignment for this thread is to go back and look at the picture of the pig until you get this. I'm tired of the strawman theft arguement, copyright infringement is not theft!

I feel bad for your friends just like I feel bad for the buggy whip factories that went out of business almost a century ago, I really do. Times of economic upheaval are tough on everyone, and I wish there were more small businesses out there making a sucessful go of it. But maybe that's a completely different topic.

[quote name='mykevermin']Moreover, legit attempts to perpetually entertain us that come with small fees and minor usage restrictions create further outrage by users.[/quote]

Small fees? Examples please. I have yet to see the "small fees" and as you admit you have no clue about technology so don't bother trying to impress us with your pontifications on what constitutes a minor usage restriction. I don't call a rootkit a minor usage restriction, I don't call a buggy 5 device limit that can't tell an upgrade from a new computer a minor usage restriction. You should really look at how the recording industry is acting, look how they try and crush the little guy with a tiny streaming radio station, look at the guilty plea to payola practices, look how they abuse the legal system to extort single mothers in the projects, handicapped, and poor college students before you dare to say there is no reason for outrage. There is plenty of bad behavior on both sides of the aisle.

[quote name='mykevermin']The modern consumer is short-sighted, has no concept of delayed gratification, no concept of paying for something, and a feeling that one deserves whatever it is that they're interested in, no restrictions and no questions asked, the very moment they desire it.[/quote]

You're largely right, with the exception of payment. The modern American consumer is very familiar with the concept of paying for what they want, they do it all the time. People don't steal rampantly, heck when it comes to largely voluntary activities like tipping or donating to charity most people do the decent thing. But in exchange for a reaonable fee the modern American consumer expects to get what they want, when they want it, how they want it (Is hard pleasing customer, eh comrade? Much better to collude with your competitors and setup a cartel flanked by an army of lawyers. Add payola to the mix and you have your own little money tree. Thankfully due to technology those days are over.)

[quote name='mykevermin']It is gluttony, it is selfishness, it is destructive, and it is theft. When I have a colleague shutting his label down while people like SneakyPenguin, the blog he hosts and the blogs he link to, provide me with access to downloading hundreds of albums by similar artists that I can acquire every last bit of within a matter of minutes...I am the one who clearly sees through the "if you like it, buy it please" lip service and into a realm of destructive and self-absorbed behavior that insists we are gluttonous kings. We are entitled to be entertained by what we want, when we want it, and how we want it. And anyone who gets in our way of being perpetually entertained is a fascist oppressor, and will be destroyed. Bring on more entertainment for the lords!

WE DEMAND TO BE ENTERTAINED! PRODUCE, MONKEYS! PRODUCE![/quote]

As you say, you can't fight it. However your doom and gloom assessment does not jive with history. Yes the market landscape will shift, the music industry will change, music distribution will adapt to new technology, but this being America it will get monetized. American consumer culture is gluttonous and selfish, no arguement there. But in the end someone always figures out how to turn a buck. The point of entertainment copyright is to encourage the creation of new art. Do the mickey mouse laws with their 99+ years of protection do that? Do the millions funneled to talentless payola-happy tastemakers and their corporate overlords do that? Do you really think this is the only way to encourage the creation or art, or even the best way? When people can put a large share of their money directly in the hands of the artists they like (ala NIN) it works about as well as it does in any other services industry. Record companies and their lawyers may not like it but cest la vie.
 
[quote name='mykevermin']Is Pirate Bay criminally responsible? No more than the VCR is, or player pianos. And no more than gun makers are responsible for firearms-related fatalities. Which is to say, at least in the United States, not at all. But I don't know much about Swedish case law, other than that I'd be surprised if their case law was harsher than the US.[/QUOTE]

strongly disagree.. a more apt analogy would be--
tpb : piracy :: madame : prostitution.

the pirate bay is a place for piracy, that's indisputable. they provide trackers that orchestrate illegal exchanges. without the trackers orchestrating the exchanges, no exchange would take place. just as without a madame directing a john to a whore there'd be no prostitution. the madame doesn't directly take part in the act, but is undoubtedly a bigger problem than the individual culprits.

more generally, not to you, whether or not they're "criminally responsible" is a tricky question -- are we defining criminal to be in violation of an existing law? if so, well, that's for the courts to decide, but that's really nothing but a footnote. law lags technology. the point is that enabling piracy in such a way (via trackers) should be illegal, regardless of whether or not they can find an existing law that would cover it. the trial is part of that process. if they cannot be convicting of an existing law, legislation will need to draft a new law to cover the new technology.



an interesting analogue (which hasn't been an issue yet) is video renter's privacy. two decade's ago, when Reagan wanted to appoint Bork to the supreme court, some reporter got his video rental records from a video store clerk wrote an article about it.. ruined his shot.. it resulted in the Video Privacy Protection Act, which regulates how videotape rental stores maintain their records and who they give them to. but it hasn't been updated since then. now we have DVDs, and even more ambiguously, digital distribution. can Netflix or Hulu sell your info, or give it to unscrupulous reporters? the VPPA doesn't cover it, so yes, they can.. lawmakers didn't intend to allow it but they didn't foresee the technology.

similar case here. orchestrating illegal activity should be illegal, our lawmakers intended it to be, but technology outpaces law. if the current laws can't be applied to the technology used, then yes, TPB will get out free, but the trial is necessary and what they did /are doing is certainly wrong.
 
[quote name='camoor']Judge Norstrom?



Noone took anything. Your class assignment for this thread is to go back and look at the picture of the pig until you get this. I'm tired of the strawman theft arguement, copyright infringement is not theft!

I feel bad for your friends just like I feel bad for the buggy whip factories that went out of business almost a century ago, I really do. Times of economic upheaval are tough on everyone, and I wish there were more small businesses out there making a sucessful go of it. But maybe that's a completely different topic.



Small fees? Examples please. I have yet to see the "small fees" and as you admit you have no clue about technology so don't bother trying to impress us with your pontifications on what constitutes a minor usage restriction. I don't call a rootkit a minor usage restriction, I don't call a buggy 5 device limit that can't tell an upgrade from a new computer a minor usage restriction. You should really look at how the recording industry is acting, look how they try and crush the little guy with a tiny streaming radio station, look at the guilty plea to payola practices, look how they abuse the legal system to extort single mothers in the projects, handicapped, and poor college students before you dare to say there is no reason for outrage. There is plenty of bad behavior on both sides of the aisle.



You're largely right, with the exception of payment. The modern American consumer is very familiar with the concept of paying for what they want, they do it all the time. People don't steal rampantly, heck when it comes to largely voluntary activities like tipping or donating to charity most people do the decent thing. But in exchange for a reaonable fee the modern American consumer expects to get what they want, when they want it, how they want it (Is hard pleasing customer, eh comrade? Much better to collude with your competitors and setup a cartel flanked by an army of lawyers. Add payola to the mix and you have your own little money tree. Thankfully due to technology those days are over.)



As you say, you can't fight it. However your doom and gloom assessment does not jive with history. Yes the market landscape will shift, the music industry will change, music distribution will adapt to new technology, but this being America it will get monetized. American consumer culture is gluttonous and selfish, no arguement there. But in the end someone always figures out how to turn a buck. The point of entertainment copyright is to encourage the creation of new art. Do the mickey mouse laws with their 99+ years of protection do that? Do the millions funneled to talentless payola-happy tastemakers and their corporate overlords do that? Do you really think this is the only way to encourage the creation or art, or even the best way? When people can put a large share of their money directly in the hands of the artists they like (ala NIN) it works about as well as it does in any other services industry. Record companies and their lawyers may not like it but cest la vie.[/QUOTE]
you really don't understand intellectual property.. no respect for idea/creation.. sadly that's all too common. it's theft of intellectual property. of course when you take an intangible asset the original owner hasn't lost anything physical, but their property has still been taken without their consent and that is theft.
 
[quote name='mykevermin']The belief that we are ENTITLED to be ENTERTAINED, WHEN we want, and by WHATEVER we want, irrespective of whether or not we have to take someone else's property in order to be entertained.[/QUOTE]

So, you're against NEA funding?
 
[quote name='camoor']Noone took anything. Your class assignment for this thread is to go back and look at the picture of the pig until you get this. I'm tired of the strawman theft arguement, copyright infringement is not theft![/quote]

Go find the criminal definition of "theft" and show me how piracy does not fall in line with the letter of the law. There's your homework. Talk law, not philosophy.

Small fees? Examples please. I have yet to see the "small fees" and as you admit you have no clue about technology so don't bother trying to impress us with your pontifications on what constitutes a minor usage restriction. I don't call a rootkit a minor usage restriction, I don't call a buggy 5 device limit that can't tell an upgrade from a new computer a minor usage restriction. You should really look at how the recording industry is acting, look how they try and crush the little guy with a tiny streaming radio station, look at the guilty plea to payola practices, look how they abuse the legal system to extort single mothers in the projects, handicapped, and poor college students before you dare to say there is no reason for outrage. There is plenty of bad behavior on both sides of the aisle.

Any reason that you deleted the part of my post where I cited Napter (the legal "BMG" Napster) and Rhapsody and THEN asked me for examples? Are you illiterate or just a shit?

You're largely right, with the exception of payment. The modern American consumer is very familiar with the concept of paying for what they want, they do it all the time. People don't steal rampantly, heck when it comes to largely voluntary activities like tipping or donating to charity most people do the decent thing. But in exchange for a reaonable fee the modern American consumer expects to get what they want, when they want it, how they want it (Is hard pleasing customer, eh comrade? Much better to collude with your competitors and setup a cartel flanked by an army of lawyers. Add payola to the mix and you have your own little money tree. Thankfully due to technology those days are over.)

Right. This is a protest. This is a social movement. Ha. This is the people "up in arms" fighting the music industry. You can achieve the same result in terms of protest by neither buying nor downloading, you know. Record companies make the same amount of money either way. So stop trying to justify your gluttony by acting like there's a fuckin' social cause connected to downloading your Kenny G albums.

As I drove back-n-forth to C-bus today, the feeling I get (pure theory ahead) is that this doesn't "feel" like a crime. Click a few links, download something. We do that legitimately all the fucking time. So it doesn't really "feel" like we're committing a crime. It's easy to rationalize the behavior, since we're mimicking the very acts we do legally all the time, but with a criminal result.

Illegal downloading doesn't require what we might call "criminal intent," since few of us think that way. We have to rather restrain ourselves from downloading. Had that happen to me today, in fact. Overheard a Notorious BIG song on the telly, thought "man, I like that - maybe I should get it." And I didn't. Why? Because I have something you lack - will power.

As you say, you can't fight it. However your doom and gloom assessment does not jive with history. Yes the market landscape will shift, the music industry will change, music distribution will adapt to new technology, but this being America it will get monetized. American consumer culture is gluttonous and selfish, no arguement there. But in the end someone always figures out how to turn a buck. The point of entertainment copyright is to encourage the creation of new art. Do the mickey mouse laws with their 99+ years of protection do that? Do the millions funneled to talentless payola-happy tastemakers and their corporate overlords do that? Do you really think this is the only way to encourage the creation or art, or even the best way? When people can put a large share of their money directly in the hands of the artists they like (ala NIN) it works about as well as it does in any other services industry. Record companies and their lawyers may not like it but cest la vie.

Save your self-righteousness. Your taking some absurd examples of copyright extensions doesn't invalidate the entire concept, yet you're more than willing to throw out the baby with the bathwater of the concept on the whole. Trust me, I've been reading up on some pretty fucking shitty-ass trademark lawsuits that I oppose.

But you'll forgive me if, unlike you, I prefer nuance to the intellectual simplicity of all-or-nothing you espouse.

Koggit, I'm still w/ the analogy I originally made. TPB is a technological means by which illegal copyright can be done, but it also serves some potential for legitimate use. Just like Player Pianos, VCRs, cassettes, floppy disk drives, etc. Most of which have had the same kind of "device for copyright infringement" accusations levied at them.
 
[quote name='rickonker']But that's not what the pic is about.[/quote]

I'll expand my comment, which likely someone has expanded on since the time of original posting...

By that I meant when something is physically stolen, there is a loss. Somebody lost property/money/etc.

When something is "pirated", nothing is lost. It doesn't vanish, they don't lose money (Again, people likely wouldn't buy it to begin with, and many people pirate before legitimately buying) and it doesn't make these asshat CEO's of record labels poorer. There was no sale to start with, hence no loss, hence not stolen. If piracy was the equivalent of something being stole, there would be a loss.

People are cheap, they likely wouldn't buy 90% of what they pirate anyways.


For the record, all but one album on my PC I legally own, that album I do not legally own due to the pricepoint of it. (eBay up Mindless Self Indulgence - Tight sometime, seriously. It's fucking expensive for a CD. If someone wants to give me a copy though, I'll accept it.)

I will also say due to the methods the RIAA uses for prosecuting people, I will no longer buy albums from any artist who is with a label under the RIAA flag. I stick to a lot of foreign/independent music now.
 
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