Author Topic: mp3'ers beware  (Read 4559 times)

Offline Gunthr

  • Gold Member
  • *****
  • Posts: 3043
      • http://www.dot.squat
mp3'ers beware
« Reply #150 on: July 18, 2003, 09:49:08 PM »
Hey maybe violating copyright laws by downloading music is kinda like being a guy who drinks too much - "it aint a problem (or wrong) until you admit it" :D
"When I speak I put on a mask. When I act, I am forced to take it off."  - Helvetius 18th Century

Offline Hortlund

  • Platinum Member
  • ******
  • Posts: 4690
mp3'ers beware
« Reply #151 on: July 19, 2003, 05:07:48 AM »
Quote
Originally posted by SaburoS

You may have studied law, but obviously not copyright laws.


Uh, I dont know what kind of mental picture you have of lawschool, nor do I know what nations lawschool you are thinking of right now, but in the lawschool I went to, we were taught about all aspects of the law (yes, including copyright laws) during the first three years, and then we'd spend the last 1,5 year individually specializing in some area we'd found interesting.

Offline Hortlund

  • Platinum Member
  • ******
  • Posts: 4690
mp3'ers beware
« Reply #152 on: July 19, 2003, 05:22:32 AM »
Quote
Originally posted by SaburoS
So downloading and benefitting from someone else's copyrighted materials without their permission is not theft?
[/b]
Correct.
Quote

BTW, are you saying that we have a right to devalue other's copyrighted materials to free without their permission is okay?
[/b]
No.
¨
Quote
So if I get a bootleg copy of Photoshop (downloaded file, or cd copy) while have never paid for the program (license), and without the permission of Adobe, and I use that product, benefit from it, is that not a form stealing? Not a form of theft?
[/b]
No and no, it is neither theft nor stealing.
Quote

What is it then?
What exactly is copyright infringment?
[/b]
It is (probably) a violation of copyright laws. Copyright infringement is something one company does to another company (assuming that I have translated it correctly) when  they *sell* stuff that is copyright-protected by the first company.
Quote

Does our definition really matter, or do you just like splitting hairs?
Bottom line: If caught and convicted under present copyright laws, one will have to pay.
[/b]
Well, I tend to object to the "dumbification" of the legal system, where complicated laws and rules are dumbed down in an effort to explain some situation. It is wrong, it leads to the wrong conclusions, and more importantly, it will give some people a completely faulty picture of what the law is and how it works.

For example, theft and stealing is the same thing. Theft is just one method to steal something. There are several ways to steal stuff, you can pick someones pocked, you can break into their house and steal their stuff, or you can sneak around on the beach and take stuff from ppl who are in the water or whatever. Pickpocketing, burglary, theft...all these are forms of stealing.

Then you have other methods of stealing, like you can pull a gun out and threaten someone instead of picking their pocket. That is no longer stealing however, that is robbery. And although any robbery must contain an element of stealing for it to be considered as a robbery, the crime of stealing is consumed by the greater crime of robbery.

blah blah blah, you get the point.  

Problem is that if you are convicted of stealing, the law will give a list of possible punishments. Here in Sweden, the punishment for stealing something "normal" prison 14 days to 2 years, depending on what you stole and how, how many times you've done it before etc.

For copyright violation the penalty is a fine.

So in other words, the law tends to see more lightly on copyright violations than on stealing.  

Quote

LOL, for those that wish to, keep downloading to your heart's content. Just don't whine and cry if you get caught.
[/b]
Have you heard anyone whine like that here?
Quote

Oh BTW Hortlund, I'm not a cop. If I were it would not be my job to determine if someone was violating copyright laws. That job goes to the judge residing over that case.

Well, the cops in Sweden at least, are given some very very detailed instructions on what the law is and what is considered a crime or not.

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #153 on: July 19, 2003, 06:33:55 AM »
So Hortlund,
Is this a form of theft or stealing?

If not, why was he fined and jailed?

Quote
It is (probably) a violation of copyright laws. Copyright infringement is something one company does to another company (assuming that I have translated it correctly) when they *sell* stuff that is copyright-protected by the first company.


Here is a link to a more thorough explaination of US Copyright laws including infringement:

US Copyright Laws

 
Quote
So if I get a bootleg copy of Photoshop (downloaded file, or cd copy) while have never paid for the program (license), and without the permission of Adobe, and I use that product, benefit from it, is that not a form stealing? Not a form of theft?

Quote
No and no, it is neither theft nor stealing.


My bet is that the people at Adobe would disagree with you.

Is piracy a form of theft or robbery?
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline Sixpence

  • Platinum Member
  • ******
  • Posts: 5265
      • http://www.onpoi.net/ah/index.php
mp3'ers beware
« Reply #154 on: July 19, 2003, 06:39:52 AM »
Quote
Originally posted by SaburoS
Is piracy a form of theft or robbery?


So if I have a friend out in California, and he wants to download a song from me cause he plays guitar and wants to listen to the song to learn the chords........that's piracy?

No, it is not.
"My grandaddy always told me, "There are three things that'll put a good man down: Losin' a good woman, eatin' bad possum, or eatin' good possum."" - Holden McGroin

(and I still say he wasn't trying to spell possum!)

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #155 on: July 19, 2003, 06:40:12 AM »
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline Hortlund

  • Platinum Member
  • ******
  • Posts: 4690
mp3'ers beware
« Reply #156 on: July 19, 2003, 06:49:51 AM »
Are you thick Saburo?

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #157 on: July 19, 2003, 06:54:03 AM »
Quote
Originally posted by Sixpence
So if I have a friend out in California, and he wants to download a song from me cause he plays guitar and wants to listen to the song to learn the chords........that's piracy?

No, it is not.


Do you own the copyright of that song? Then no, it is not an infringement nor is it a form of piracy if you give him your permission.

If you don't own the copyright then that copyright infringement (per present US Copyright laws) can be interpreted as a form of piracy (or theft, etc.).

I'll put it to you this way. Let's say your friend wants a copy of a particular song that belongs to someone else. Let's also say he doesn't have access to get that song other than to purchase it from a commercial source. Therefore it can be argued by the copyright owner of that song that the copyright owner suffered a real financial loss in that particular case. You may not like it but that is how it has been, is presently being, and will be argued legally under the present US Copyright Laws. Because you happen to think otherwise does not make it otherwise so.
I did not make up the copyright laws. I just understand them.
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #158 on: July 19, 2003, 06:55:20 AM »
Quote
Originally posted by Hortlund
Are you thick Saburo?


Almost as much as you :D
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline Hortlund

  • Platinum Member
  • ******
  • Posts: 4690
mp3'ers beware
« Reply #159 on: July 19, 2003, 06:56:07 AM »
Quote
Originally posted by SaburoS
So Hortlund,
Is this a form of theft or stealing?

If not, why was he fined and jailed?
[/b]

Do you realize that there are other crimes than "theft or stealing"?
Quote

Steven Frazier, 28, pleaded guilty to conspiracy in a scheme to manufacture and sell devices to decode satellite TV signals and allow people to get premium service for free.
 


Does that sound like stealing to you?


 
Quote


My bet is that the people at Adobe would disagree with you.

Is piracy a form of theft or robbery?

Well, gee there is a surprise...

Software piracy is not a form of theft or robbery, it is a form of copyright violation.

Offline Sixpence

  • Platinum Member
  • ******
  • Posts: 5265
      • http://www.onpoi.net/ah/index.php
mp3'ers beware
« Reply #160 on: July 19, 2003, 07:12:25 AM »
lol, I understand them enough to know what I mentioned is not not piracy.
"My grandaddy always told me, "There are three things that'll put a good man down: Losin' a good woman, eatin' bad possum, or eatin' good possum."" - Holden McGroin

(and I still say he wasn't trying to spell possum!)

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #161 on: July 19, 2003, 07:15:18 AM »
Hortlund,
You're missing the forest for the trees.
So I take it that the word "piracy" has no connection to any form of theft or robbery if you happen to put it directly after the word "software" :rolleyes:
What in the word do you think copyright laws exist in the first place? Maybe, just maybe to protect from a form of theft?
To maybe, just maybe to protect from financial losses?

Copyright Infringement is not the same as:
1) Armed robbery
2) Mugging someone.
3) Breaking and entering
4) Etc (add you own example)

I never said it was.

I did however say and still do imply it as being a form of theft. Under US Copyright Laws.
As they are being argued in US Courts.

Who's being the THICK one?

Are you this anal retentive in real life or are you just making an exception here?
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline Vulcan

  • Plutonium Member
  • *******
  • Posts: 9891
mp3'ers beware
« Reply #162 on: July 19, 2003, 07:35:46 AM »
Quote
Originally posted by SaburoS
Hortlund,
You're missing the forest for the trees.
So I take it that the word "piracy" has no connection to any form of theft or robbery if you happen to put it directly after the word "software"
Are you this anal retentive in real life or are you just making an exception here?


I think Hortlands point is that the word (begin Doctor Evil quotes) piracy (end Doctor Evil quotes) doesn't actually appear after the word  (begin Doctor Evil quotes) software (end Doctor Evil quotes)
in any countries copyright law.

As for anal retentive, I'd put $5 on the table that your turds look like nylon fishing line :)

Now heres a conundrum for your Saburo. If I  (begin Doctor Evil quotes) download (end Doctor Evil quotes) software designed to  (begin Doctor Evil quotes) copy (end Doctor Evil quotes) software and DVDs does one cancel out there other and make it right? For example if its illegal to sell software that circumvents the DVD protection such as Xcopy Express does that make downloading it legal ;)

Offline SaburoS

  • Gold Member
  • *****
  • Posts: 2986
mp3'ers beware
« Reply #163 on: July 19, 2003, 03:20:04 PM »
Quote
Originally posted by Vulcan
I think Hortlands point is that the word (begin Doctor Evil quotes) piracy (end Doctor Evil quotes) doesn't actually appear after the word  (begin Doctor Evil quotes) software (end Doctor Evil quotes)
in any countries copyright law.


Did I make up the words "software piracy"?
What exactly do you think Software piracy means?
Bottomline is this: Why is a copyright neccessary for "intellectual" property? Laws to protect copyright ownership?

Quote

Now heres a conundrum for your Saburo. If I  (begin Doctor Evil quotes) download (end Doctor Evil quotes) software designed to  (begin Doctor Evil quotes) copy (end Doctor Evil quotes) software and DVDs does one cancel out there other and make it right? For example if its illegal to sell software that circumvents the DVD protection such as Xcopy Express does that make downloading it legal ;)


No conundrum at all. I actually understand copyrights and their application. My answer has already been given. Look at my previous posts.
BTW it is not illegal to use a software that allows one to make a copy of a copyrighted product. For example, if you actually bought a music DVD and wanted to make and keep a backup copy in case something happens to the original you bought, that is okay and legal.

How long are we going to go around in circles on this issue?
Out of respect for you and others, I have been trying to answer and help you understand the real issue at hand. I have been basically repeating myself. If you don't get it by now, nothing I type here will convince you otherwise.
If you truly want to know the "big picture," try consulting your local councellors that actually specialize in copyright laws.
Try avoiding those "specialists" in Sweden though, apparantly they have a different interpretaion ;) (Just kidding Hortlund! :D )
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline Vulcan

  • Plutonium Member
  • *******
  • Posts: 9891
mp3'ers beware
« Reply #164 on: July 19, 2003, 10:15:37 PM »
Quote
Originally posted by SaburoS
Did I make up the words "software piracy"?
What exactly do you think Software piracy means?
Bottomline is this: Why is a copyright neccessary for "intellectual" property? Laws to protect copyright ownership?

 

No conundrum at all. I actually understand copyrights and their application. My answer has already been given. Look at my previous posts.
BTW it is not illegal to use a software that allows one to make a copy of a copyrighted product. For example, if you actually bought a music DVD and wanted to make and keep a backup copy in case something happens to the original you bought, that is okay and legal.


Ummm I repeat, the words software piracy do not appear in any laws I know of... so I was referring to this statement:
So I take it that the word "piracy" has no connection to any form of theft or robbery if you happen to put it directly after the word "software"

BTW, it is not necessarily LEGAL to use "a software" that allows one to make a copy of a copyrighted product. Well, in the USA at least (and several other countries are about to follow suit).

I thought you said you knew about these laws and the (begin Doctor Evil quotes) Big Picture (end Doctor Evil quotes)? If you're confused lookup the software I referenced on google and the word DMCA.

The only councilling needed here requires tying you down and involves excessive use of  boobies!

:)