[quote name='bvharris']First of all, criminal penalties do exist for copyright infringement. Says so right at the beginning of every movie you've ever watched legally.[/QUOTE]
Only if you are profiting. Personal use is 100% outside the scope of the criminal code. It was NEVER NEVER NEVER meant to be a crime.
It is not a crime. Period. Let that sink in (I'm not pickin on you bv), all of you.
COPYRIGHT VIOLATION NOT INVOLVING PROFIT IS NOT A CRIME. It is a civil act that is pursued in civil cases by the interested parties claiming losses.
Next, copyright violation
IS NOT theft. Theft is an explicitly violent act. Copyright violation, despite the laughably absurd public relations assault by aggressive IP holders, is not theft. Period.
[quote name='dmaul1114']Any criminalization would have to be aimed at uploaders. People putting content online for anyone to download etc. That's the major threat that needs dealt with. People running pirate sites, uploading stuff to torrents etc. know what they're doing.
Minor things like burning a friend a cd could remain civil matters. Those things are as inevitable as people giving away books/cds, buying used etc. The industry just has to deal with that kind of loss, regardless of format.[/quote]
Your friend is just as liable as someone that uploads a song to a torrent. Period.
This is the problem with the system. We rationalize it like a torrenter is a bad guy because they know what they're doing, but the CD ripper knows exactly what they are doing as well. Both are liable. There is no distinction, philosophically or in the eyes of civil law. They are liable, period. And if it's the case that we're supportive of going after torrenters/newsgroups/whoever using federal funds, we should be equally supportive of using federal funds to check origins of every single mp3/flac/etc. on every drive everywhere. You did not pay for the right to place shift and you are
liable. But it's ok! He only "stole" a little bit! Right?
[quote name='camoor']Again, everything you say is quite reasonable. I'd just like to add that I think the punishment should fit the crime. I don't think it's right that anyone face a quarter-million dollar fine for uploading a dozen tunes, as happened reasonably (and I believe you'd agree). There's justice and then there's draconian corporatism.[/QUOTE]
There is no middle ground and you'll never get it from them. They have had decades now to adjust and they've clearly come down on the side of draconian corporatism.
[quote name='dmaul1114']So since you linked to a site called "torrentfreak" I guess your panties are in a bunch over this because you're a pirate?[/QUOTE]
When I want good information on what's going on, I read Ray Beckerman and Torrentfreak. Their analysis is rock solid.
[quote name='dmaul1114']There's a far cry between cracking down on piracy and regulating the internet.
I don't see why anyone other than losers who pirate copyrighted material rather than paying for it would be opposed to trying to stop people from illegally uploading and downloading files.[/quote]
You sassy thing.

[quote name='dmaul1114']As a social scientist it's always intrigued me how the move to digital products has lowered people's more objections to obtaining content they didn't pay for. As camoor said before, most people wouldn't think of stealing a CD, but have no moral qualms about downloading thousands of songs, or movies, or e-books etc.[/quote]
It's always been here. In the 80s, everyone had a gigantic library of VHS tapes. Copies of everything from movies to taped television. All 100% copyright violations. Before that it was taking ideas via IP infringement. Shit, our entire technological world is built on someone snaking IP, improving it, and releasing it.
[quote name='dmaul1114']In any case, cracking down on piracy isn't limiting internet freedom etc. It's stopping illegal activity that costs industries millions of dollars.[/QUOTE]
If you've done nothing wrong, you've nothing to fear, right?
[quote name='dmaul1114']That's the argument that drives me nuts. In 100 years there probably won't be any physical books, movies, albums etc. coming out. It will all be digital content and for those industries traditional theft is no longer an issue.
The problem is people stealing/illegally obtaining digital files. And the laws must adapt to this changing face of theft/product loss/lost sales.[/quote]
Or: they could do what businesses do and innovate and add value. I knowingly consume exactly 1 DRM platform. Steam. They add massive value by allowing multiple computers to download copies as long as the user owns access, so you can "take it with you" to the next computer. They promote indie shops and drive down the cost of games. They integrate social platforms. Etc, etc, etc. Steam should be what every digital media platform strives to be. Music and movies would sooner cut your throat than allow that. They want you to buy your movie on a 360 and then buy it again on your PS3 and then buy it again when Xbox 720/PS5 come out. Netflix is the only thing coming close and look at us rave about it.
[quote name='dmaul1114']If there's not an adjustment we'll end up with an extreme reaction from the industries where once broad band is everywhere they stop selling even digital files and just put everything on the cloud and paying to stream content is our only option.
Much better to be preemptive and deal with piracy and adapt the legal system so we can make the transition to a fully digital era where consumers can buy digital content with no drm etc. and publishers property is protected as much as possible from digital theft.[/QUOTE]
That will never happen. NEVER NEVER NEVER. There is more money to be made by doing it the way they are than going no DRM. Pirates will never pay, but YOU will pay 4 times for the PS3/Hulu/360/Wii/computer/DVD/Blu Ray access. So they're just going to milk you.
[quote name='mykevermin']Additionally, laws need to reflect a reasonable level of punishment. Allowing the RIAA to determine the monetary value of a commodity after the fact in civil court has made otherwise reasonable people absolutely nutty when it comes to their stance on supporting criminal prosecution of theft. They don't want the law extended to affect them to the tune of hundreds of thousands of dollars they can't afford to pay in fines. They see prosecuting laws as having a lifelong monetary effect on them. I think that's reasonable to ask that fines be controlled or reduced so that they are actually payable by those prosecuted in civil court.[/quote]
They ask for those damages. It's 100% them. Requiring the government to step in and protect people being sued for damages on a civil issue where they are actually liable is misguided. Let them eat cake! Sue everyone for a billion dollars!
[quote name='dmaul1114']People always think about corporations here.
Why not think about people. Why not think about the author trying to make a living losing a few bucks when someone pirates an e-book instead of buying it? Or other individual level scenarios like that.[/quote]
Cory Doctorow seems to be doing just fine. And he isn't the only one.
Our entire existence is built on IP infringement. From Tesla to Modest Mouse, fantastic contributory work has come from questionable IP origins. Even the companies now most vested in IP are themselves almost always built on or maintain market position via IP infringement. At the VERY least, they pervert our system to protect their interests through the wholesale purchase of legislators (Democrats, you scum sucking

ers, I'm looking at you).
Just ask the two strongest software companies in the world, Apple and Microsoft.
The only reason our world looks the way it does is because of
Sony v. Universal. If not for that case, you'd only be allowed to buy media players made only by media creators. You'd have to buy a Disney player to watch Disney movies. You'd have to buy an EMG player to listen to EMG tunes. Nothing would work with anything else. And the personal computer would have been brutally murdered in its infancy. There would be no codecs, no internet as we know it (it's used for infringement!), no electronics in any way resembling what we have now.
There's always a punch line. Record companies release compilation albums and "forget" to get licenses or pay royalties. 300,000 songs, already released by companies without proper IP license, are "pending" licensing even though the albums were pressed and sold without consent.
300,000 x $20k per infringement = $6,000,000,000. lolwut?
http://www.thestar.com/business/art...rd-industry-faces-liability-over-infringement
Will they pay? Of course not.
There are plenty of ways to reach out to new content creators. Reward the ones that give you what you want.