-
06-21-2010, 05:19 PM #106
Re: Piracy
Some time back, I read an argument for an unusual system of classifying ownership. I sort of laughed it off at the time, but it makes more sense the longer I think about it.
The argument held that there were two basic ways to establish ownership of something:
(1) If the previous legitimate owner of something agrees to give it to you, whether from charity or in exchange for something else that you own , you now own it.
-- note: The transaction must not be coerced, and the previous owner must have been legitimate, or it doesn't count.
(2) If you own a set of raw materials, and then apply your own labor to it, you also own the resultant product.
-- note: If the laborer and the owner of the raw materials are two different people, they must agree on who will own the product
This system seems reasonable on first glance, but after you look at it for a bit, something jumps out at you: There is effectively no way to establish the initial owner of anything. You can track changes of ownership, but who gets to start with it?
Applying this to intellectual property would take a few tweaks but would probably still work. The primary difference is the concept of raw materials changes dramatically with intellectual property.
-
06-21-2010, 05:46 PM #107
Re: Piracy
But you are neither giving, nor taking something when you make a copy. When you put a CD into your computer and play it there is a copy made in the system memory so that it can play the music from the speakers. You didn't take anything to do this. When you burn a CD to your hard drive with WMP or iTunes you are not taking anything either. You are technically violating copyright in all of those situations (including making a copy into memory to play at a computer) and all three have been challenged as copyright infringement by music companies. but in all three cases nothing is taken from anyone because the original copy is still there. That is why it is copyright infringement and not stealing, just like how shooting a player in a game is not murder because you didn't kill the original person.
Licensing is a separate issue from default copyright and requires two party agreement. When I purchase a hardcover book the only restriction I have by copyright is I cannot make copies of the book or distribute those copies. Licenses may apply to copyrighted works but can add extras like limitations on installation, execution and modification which books do not have. No book says that you can't highlight passages for example. While Windows can be easily copied, it is covered by a license for companies so that they don't necessarily have to have physical copies of a disk for each machine to prove they bought a copy, and a business will sign that license so they must abide by it. But that isn't copyright, that is licensing, and should not apply to individual home sales because personal and business uses are two completely different things because of scale.I work for a company that has bought a site license of Windows. We're able to install Windows on a plethora of machines. I expect futuristic technology that allows us to replicate physical items to work very much the same. I'm not saying just because Jean-Luc Picard bought a hammer back in France he's able to replicate as many hammers aboard the USS Enterprise just because Number 1 has a hammer fetish. No I'm saying the USS Enterprise bought some convenience license to replicate items in bulk. If you really want to split hairs, the world of Star Trek has adopted a futuristic communistic economy model on Earth so it doesn't really fit our economic model does it now? If you want an individual copy you should buy it. In the instance where you pirated Windows, sorry you're not in the clear. You should have gone without windows. Either save up and buy it or don't use it at all. You don't have any right to use something you have not paid for. Granted all of us have probably pirated something at one point in our life for various reasons. I buy movies and still will pirate a copy to put on my iPod because The Men Who Stare at Goats has some wickedly stupid DRM. No it's not right and I recognize it happens. It doesn't make it alright though.
Have you not caught on that a hammer is a terrible example? A hammer is something that is covered by patents because it allows innovation to still be patented, and has a reasonable time frame for expiration. The current implementation of copyright thinking (they 'came up with it' so they deserve control) instead of the basis for copyright, limited time to ensure the person has a chance to make money through exclusive distribution, is why people can't tell the difference between theft and infringement.Just because everyone does something does not mean that it is right to do.
-
06-21-2010, 06:27 PM #108
Re: Piracy
You what I think it is ....lawyer BS
Infringement is just a fancy word for stealing, albeit w/ different penalties.
If you want to change the law, I support you.
But if you just want to tell me that it is wrong to do it this, CUZ YOU SAY SO, and therefore when you "infringe" it is OK, you are just covering your own ass.One man gathers
what another man spills
_____________________
Fearlessly, the idiot faced the crowd
Smiling
did you ever wonder why we
Had to run for shelter when the
Promise of a brave, new world
Unfurled beneath the clear blue sky?
-
06-21-2010, 06:48 PM #109
Re: Piracy
Legally if I download a movie (not on file sharing where I also upload) I have not distributed the work and therefore have not even committed copyright infringement until I hit a certain threshold value of infringement (1,000 or more retail combined value of 10 or more works), the person who made it available has infringed. Unlike stolen goods, the laws for copyright don't apply to the taker automatically, but the distributor.
So no, it isn't even close to the same thing and people who say they are the same don't understand copyright.Just because everyone does something does not mean that it is right to do.
-
06-21-2010, 10:59 PM #110
Re: Piracy
Phooey I say. That would be in accordance with your definition of take. My definition of take is such: "to get into one's hold or possession by voluntary action". Regardless we're arguing semantics here. There's a huge difference in what I'm arguing. When I talk about piracy I'm talking about something very different from simply copyright infringement. Gaining access to a good which you have not paid for in any form is just plain stealing. Unlike ripping music off of a CD that I own. Yes I recognize that under the law currently they're essentially the same and I agree that copyright law is so stone age. However I'm arguing a completely specific issue. If I go download a game like Modern Warfare 2 for no cost, it's not right.
Thanks for the information (I did read it all just cut it out for the interests of saving space), however we were arguing about the distribution of something that can instantaneously be copied through the use of some kind of replicator, ala Star Trek technology. I choose to use this example because attributing real physical items, such as a hammer, seems to make this notion that it suddenly is stealing, but a video game, movie, or album suddenly isn't, solely because it exists as digital data.
I bring up the hammer showing what patents and copyrights should be concerning digital information. However making a copy of a hammer, just like making a copy of a game is wrong. It is effectively stealing. No a product is not removed. But it is unwarranted access to a good or service without consent or payment.

-
06-21-2010, 11:46 PM #111
Re: Piracy
Your definition doesn't have anything to do with the word take, so it doesn't matter. I have a hard drive with some information on it that doesn't really exist. Someone could take my hard drive from me, but if they make a copy of the information on it they haven't taken it from me because it is still there. Making the comparison to stealing is part of the problem of piracy, people know that they aren't stealing, they know they aren't depriving someone of something. If they instead appealed to the concepts behind copyright people would care as long as the copyright period was reasonable.
Sure, MW2 is a recent game and should be covered so the creators can make money right now. Super Mario Brothers (the original) should be in the public domain for anyone to copy because it has been a part of culture for over 25 years. Nintendo can still claim trademarks on the characters so people can't just make Super Mario games, but the original game itself should be freely traded by anyone because it is now a part of society and we deserve to have access to the item now that they have had their time to make money.
Copyright is not stone age, it is a completely modern concept that came about just as the US was being formed and the printing press and industry had come about. Since the artisans could no longer sell their individual work because it could be mass produced, the idea of patents to encourage innovation (by being the only one who could mas produce the item for a limited time before everyone could) was introduced to keep people working hard. Copyright followed the same ideas for words, they were so easy to print (like the digital copy of their day for leaflets) that copyright made paying for content worthwhile. But again, it was limited.
The very recent concept of indefinite copyright is the problem, not copyright itself. If it was limited again, and to a reasonable time like 15 years, it would be great for society and worth giving that distribution protection.
In the old days, printing a book cost a lot and a press selling copies of works they did not have the copyright to could easily put the other publisher under by swamping their area of sales. Being digital makes the whole distribution ruin excuse moot. There remains the sole reason that the artist should make money, and they should only deserve to for a limited time.Thanks for the information (I did read it all just cut it out for the interests of saving space), however we were arguing about the distribution of something that can instantaneously be copied through the use of some kind of replicator, ala Star Trek technology. I choose to use this example because attributing real physical items, such as a hammer, seems to make this notion that it suddenly is stealing, but a video game, movie, or album suddenly isn't, solely because it exists as digital data.
Ok, first person who made the claw hammer has an indefinite copyright/patent on it and only sells hammers every 50 years and the rest of the time puts it in a vault ala Disney. Why does society need to reward that behavior with an indefinite control on distribution and not allow anyone else to produce a claw hammer indefinitely after the creator is dead?I bring up the hammer showing what patents and copyrights should be concerning digital information. However making a copy of a hammer, just like making a copy of a game is wrong. It is effectively stealing. No a product is not removed. But it is unwarranted access to a good or service without consent or payment.Just because everyone does something does not mean that it is right to do.
-
06-22-2010, 02:03 AM #112
Re: Piracy
In this example, the original words have been changed but the tune is the same.....is that infringment ?
http://www.liveleak.com/view?i=336_1277027499One man gathers
what another man spills
_____________________
Fearlessly, the idiot faced the crowd
Smiling
did you ever wonder why we
Had to run for shelter when the
Promise of a brave, new world
Unfurled beneath the clear blue sky?
-
06-22-2010, 03:11 AM #113
Re: Piracy
Could be parody/commentary due to the 'old back water' line being relevant to the oil but those situations are only clarified on a case by case basis.
Just because everyone does something does not mean that it is right to do.
-
06-22-2010, 03:52 AM #114
Re: Piracy
I'm just picking up theis remarkable quote to post something else hereafter. But what a quote! Only an American could write this, as the definition of socialism seems to have been utterly perverted in the US. This is the opposite of socialism. It is strong free market capitalism protecting the companies over the individual. Socialism is also about sharing with others that have less, not suing them. You just blew my mind there monkey!
Now my actual post.
I was reading this from '/.'
"German Publishers Want Monopoly On Sentences " Here is the link:
http://yro.slashdot.org/article.pl?sid=10/06/19/1239233
But I wanted really to publish a quote I found in the comments:
"There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to the public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back."
-Life-Line by Robert A. Heinlein (1939)
I propose copyright fans read it 5 times (especially Skylark) and then look at that date! Smart quote, by someone I have never heard of, but still what he said then is 100% true imo.
-----------
+PS: I have THE solution to this problem: COPYRIGHT HAMMERS!
Think about it. Hammers will be exclusive and so expensive that no one will ever be sued for copyright because judges can't afford hammers no more, therefore cannot pass sentences. There I fixed it!
+ +Rep for everybody in the thread! I mean a hypothetical about commie StarTrek hammers! Epic WIN for TG! ... But think about it... How would the Borg....
(5$ if you want to quote me)
Last edited by BigGaayAl; 06-22-2010 at 04:08 AM.
What it's like to play online games as a grown-up:http://s3.amazonaws.com/theoatmeal-i...e_gaming/1.jpg
"Heroism on command, senseless violence, and all the loathsome nonsense that goes by the name of patriotism -how passionately I hate them!"
"Nationalism is an infantile disease. It is the measles of mankind."
(Einstein, both)
***I will be in India 14 dec till end of januari***
-
06-22-2010, 04:00 AM #115
Re: Piracy
Heinlein was a sci-fi writer who wrote several classics including Starship Troopers and Stranger in a Strange Land. Worth a read.
Just because everyone does something does not mean that it is right to do.
-
06-22-2010, 12:22 PM #116
Re: Piracy
I"m not exactly certain what line of thought lead to labeling copyright as socialism -- but clearly the definition of capitalism seems to have been utterly perverted in places outside the US. Protecting companies over the individual isn't "free market capitalism" at all, its the opposite of that. It's just state-supported monopoly.
That's the real tragedy of today's recession -- somewhere in the finger pointing and blame-shifting that surrounds the downturn, the meanings of capitalism and socialism are being twisted so far as to be unrecognizable, which is going to have consequences on our public policy for years to come.
-
06-22-2010, 12:37 PM #117
Re: Piracy
Heinlein also coined the phrase " An armed society is a polite society" and his books are REALLY REALLY dirty.
They are not explicit but ......... you grok ?
I'm not sure what you meant by the socialism comment but concept that things don't belong to anyone and everyone gets to share in my work sounds to me more marxist than socialist.One man gathers
what another man spills
_____________________
Fearlessly, the idiot faced the crowd
Smiling
did you ever wonder why we
Had to run for shelter when the
Promise of a brave, new world
Unfurled beneath the clear blue sky?
-
06-22-2010, 03:12 PM #118
Re: Piracy
I was thinking more of the way unions (and before them, guilds) might protect their members' jobs by outlawing competition (ie. from scabs). We usually associate copyright protection with protecting big corporate publishers, but the RAII and its ilk want us to think that they're doing it for the artists (who generally get screwed by publishers). They want to justify copyright by claiming that the artists' income needs to be protected. (Never mind that the artist ends up owing the publisher for the privilege of getting published, and the publisher walks away with our money and the artist's.)
Video games are a combination of software and artwork. There are well-known examples of complex software free for the copying, which are heavily used every day. Software like Sendmail and the Apache web server, as well as entire operating systems like BSD and Linux. In spite of their openness, programmers contribute to them. Some are paid to work on them. So innovation can in fact happen without the protection of copyright. The article I linked earlier indicates that this also happens in the field of stand-up comedy.
Copyright is a legal fiction to encourage innovation, a kind of welfare for creators to encourage them to create.Dude, seriously, WHAT handkerchief?
snooggums' density principal: "The more dense a population, the more dense a population."
Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."
-
06-22-2010, 03:12 PM #119Dude, seriously, WHAT handkerchief?
snooggums' density principal: "The more dense a population, the more dense a population."
Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."
-
06-22-2010, 03:47 PM #120
Re: Piracy
Free software is copyrighted and is licensed with terms that allow for free distribution, sometimes with other conditions like personal use only. The Linux kernel and all GPL software works that way, still protects the creators by requiring the source code be distributed (with programmer notes of course) so that credit is still given and the code cannot be stolen and hidden in proprietary software. This is a good use of copyright.
Just because everyone does something does not mean that it is right to do.
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)



Reply With Quote




Bookmarks