lifekatana lifekatana

Why is it bad that the Fed is closing down illegal filesharing sites???

Why is it bad that the Fed is closing down illegal filesharing sites???

https://forums.elementalgame.com/386513

https://forums.elementalgame.com/386513

This astounds me.

 

This guy basically claimed that it is his *CONSTITUTIONAL* right to steal intellectual property from game developers. I know some people on this forum go absolutely apeshit on almost anything the government does but why is it in anyway bad that the american government is protecting honest businessowners from pirates? 

Oh and don't give me that First Amendment bullshit or "this is just the first step that will turn America into Nazi-Germany." Copying is not the same as practising your constitutional right to free speech. This has absolutely fuck all to do with The Government turning into an Orwellian nightmare.

 

290,503 views 114 replies
Reply #76 Top

WHY are the FEDS going after Pirates? COPS need to be going after Pirates.
End of quote

NO!!  I disagree, 100... no, 200%!   Cops need to be dealing with murder, rape, burglary, etc.... physical crimes that have very real victims who are suffering more greatly than somebody with a pirated song. And lawyers need to be dealing with copyright infringements, with civil court bailiffs being responsible deliver the legal papers/appropriate summonses. 

Put another way, would you want your local cops to be out chasing pirates when your wife/child has just been abducted??  Or you're laying in the gutter bleeding after an assault?   I'd say not.... and that's exactly why cops should NOT be chasing pirates... the ratio of violent crime to copyright infringement crime is too great to be taking cops off the street to pursue non-violent crime.

Yeah, I've been the victim of violent crime... and I know.  It took the cops 3 days to come get my complaint of serious assault with grievous bodily harm.  Why did it take them so long.... because dozens of cops were deployed on trains that day nabbing fare dodgers for the local transit authority. 

And the bastard who put me in hospital/created a need for a partial facial reconstruction, well he got away scot free... had 3 + days head-start to move interstate and out of local police jurisdiction.  Why didn't they extradite him?  Yeah, right... no revenue in it for them, was there!  Oh yeah, I did petition the government about the cops acting as ticket collectors on trains, and it did improve for a while, but just recently I counted 8 ticket collecting cops on the one train.... and when you consider there's anything up to 50 - 60 trains running in Brisbane at any one time, that's a lot of cops NOT on the streets.

So yeah, when I hear suggestions that cops should be taken off the streets to chase after copyright infringers, it makes my blood boil.  Law enforcement was never intended to be ticket collectors on public transport, arbiters in petty squabbles... or damned civil court police, period.

You can't have it both ways
End of quote

But doc, I don't want it both ways.   There are two court systems and only one of those was intended to hear civil/copyright cases... and the other for criminal matters.  The two systems were created so that neither one clogged the other.   The police do not prosecute in civil courts, only criminal ones, so it stands to reason that law enforcement is NOT responsible for civil copyright infringements... and neither is government... because government only passes law and is not a prosecutor.  Makes sense and it's right.... except that the wealthy want to bastardise the system to suit themselves... and not have to foot their own bills.

Reply #77 Top

The police do not prosecute in civil courts, only criminal ones,
End of quote

Police don't prosecute in either.

The Law does.

My sister-in-law isn't a Policeman [woman]....she's in the DPP.

Reply #78 Top

There are two court systems and only one of those was intended to hear civil/copyright cases... and the other for criminal matters. The two systems were created so that neither one clogged the other. The police do not prosecute in civil courts, only criminal ones, so it stands to reason that law enforcement is NOT responsible for civil copyright infringements... and neither is government... because government only passes law and is not a prosecutor. Makes sense and it's right.... except that the wealthy want to bastardise the system to suit themselves... and not have to foot their own bills.
End of quote

The two Juridical Divisions were created because of the differences between criminal and civil offenses. The former deals with crimes against society/state/'individuals'. The latter deals with liabilities to 'individuals' as a result of illegal acts.... has nothing to do with clogging, rather with who the plaintiff is, and what is being tried.

Law enforcent (police/investigators) do not try anything. The Judicial branch of Govenment does. Please note ... the Government. That is because without the criminal and civil courts, people would be having open warfare. Which still happens, unfortunately.

Law Enforcement (here in the states) IS responsible for securing summonsed evidence, and there are "Police Courts" here which are an inferior court having the power to prosecute minor criminal offenses and to hold for trial persons charged with more serious offenses.

The police do not arrest people or companies/ceo's for copyright infringement because that is a matter with no imminent physical endangerment to anyone, unless an article of stolen property (an object) is involved, then that person is subject to arrest under the statutes involving theft.

The Govenment certainly does prosecute: The Dep't. of Justice (Cabinet level Dep't. here) has a slew of prosecutors who do just that for people suspected/arraigned/imprisoned for violating Federal laws.

Sorry, mate...maybe the Gov't. structure/division of responsibilities is different here.

 

Reply #79 Top

Quoting starkers, reply 76

NO!!  I disagree, 100... no, 200%!   Cops need to be dealing with murder, rape, burglary, etc.... physical crimes that have very real victims who are suffering more greatly than somebody with a pirated song. And lawyers need to be dealing with copyright infringements, with civil court bailiffs being responsible deliver the legal papers/appropriate summonses. 

Put another way, would you want your local cops to be out chasing pirates when your wife/child has just been abducted?? 
End of starkers's quote

Well, Cops do a LOT of different things. If someone Steals from you, who do you call? The Cops. If someone Steals from a Store, who does the Store call to arrest them? The Cops. What is Piracy? Theft...Stealing....and a matter to be pursued by the Cops and Attorneys.

Reply #80 Top

Quoting Jafo, reply 77

The police do not prosecute in civil courts, only criminal ones,
Police don't prosecute in either.

The Law does.

My sister-in-law isn't a Policeman [woman]....she's in the DPP.
End of Jafo's quote

Ah, but the police DO prosecute.  There ARE police prosecutors in all Australian states... mostly dealing in magistrate/district court matters, however, though the DPP can also handle cases in these venues, and do.  In any event, these people (involved in the criminal justice system) do not prosecute civil law matters... and most certainly not copyright infringement. And never the twain shall meet! 

Here in Oz, the UK and the US (probably many other countries), those matters are set aside to the civil courts... which is how the system was designed to work and should be...where there are NO prosecutors, just legal eagles arguing it out in front of the beak.

Look, it doesn't matter how wrong copyright infringement is, or how badly you or anyone else wants it brought to justice, there is NO reason whatsoever to pervert the justice system to suit that end.. or any other end.  Once you pervert the law and use the justice system as a means to an end, no matter how honourable you might think it is, you set a dangerous precedent and places power all too often in the wrong hands... and as we all know, power corrupts.  Just look what too much power did to Hiltler, Stalin, Mussolini and Idi Amin... and I sure as hell don't want my politicians attaining that much power... so-say in the name of good.

Reply #81 Top

Quoting Jafo, reply 56

Eh no. I repeated your argument, simplified it and then showed how ridicilous it is.

Eh no. You missed the point, went off on a tangent and then used ridiculous and exaggerated example as a failed attempt at an analogy.

The OP said from the outset  " don't give me that First Amendment bullshit or "this is just the first step that will turn America into Nazi-Germany."

People can debate the criminality of "illegal file-sharing" all they like but it's an absurd waste of time as the tagline is its own conclusion.
End of Jafo's quote

 

You sure you have the right person? 

I'm the OP for one and for I have a feeling we're on one line on copyright infringment.

 

Also I didn't use a ridiculous and exaggerated example; the guy himself said America is turning into nazi germany.

Reply #82 Top

Quoting starkers, reply 60

Quoting lifekatana, reply 53
Quoting starkers, reply 52
HAHAHAHAHAHA. Yes obviously stopping people from stealing IP that belongs to someone else is one step removed from rounding up all the Jews and gassing them.

You've obviously missed the point.   Oh well!!!
 



Eh no. I repeated your argument, simplified it and then showed how ridicilous it is.


Ok, then, so you wouldn't mind living in a society where the government IS law enforcement, judge, jury and executioner???  One where a drunken politician can run over your child and get away with it.... because he IS the LAW? 

This is already the case in America and in 99% of all stable democracies. Jury isn't in America though but I don't see that changing with the goverment going after pirates...

You see, it sets a dangerous precedent when government makes itself responsible to chase down and prosecute matters that should remain with law enforcement and the courts... both separate departments funded by taxpayer... meaning government does not own or run them.  If you would like to live in a society where government runs law enforcement and the courts, however, be my guest and move to Nth Korea or Zimbabwe, though I'd expect to see a change of tune in a very, very short while.  Yeah, the atrocities committed there in the name of law and order are nothing short of barbaric... horrendous, even...  and you want to give your government more free rein over your police and your courts?

I don't think you understand... the government is all these things. But the "government"is broken up into parts (Montesquieu's Trias Politica) to prevent these things from happening like your Founding Fathers intended. If you don't like that you shouldn't be living in America. 


Look, I'm not against publishers/copyright owners pursuing copyright infringement, but let them do it at their own expense using their only own resources... as it was originally intended to be.  As it was stated a post #7, the RIAA spent 64 million last year to collect 1.3 million from settled cases... so go on, tell me that you want your government to spend your tax dollars to pursue civil matters for extremely wealthy people and tie up the criminal courts.  It won't matter that victims of real crime (burglary, rape, murder, child molestation) can't get their day in court to see justice done... so long as the music and movie moguls are happy it'll be alright, right???   Gimme a f**king break!!!! 

This is not even true. These site owners can be criminally persecuted for maintaining sites that allow for largescale infringment.

It's one thing to be righteous and all high and mighty, but at least get the priorities straight.  The US is one of the most over-policed countries in the world (what with state AND federal police, the FBI and CIA, Homeland Security AND the FTA, not to mention all the hick sheriffs and their deputies) and yet it is one of the most lawless (murders, shootings, rape, burglary, gang violence, etc, etc, etc) in the world.  Seems to me, you'd want to be getting all that under some semblance of control before chasing some piddling "Robin Hood' file sharer who's stealing from the rich (read filthy stinking rich) to give to the poor... and physically hurting nobody.

 

 Because there is a serial killer on the loose we should just let the hundred burglars and thiefs go? Also shows us some stats before you go on rambling how criminally infested america is. 


I know that I'd like to see murderers, rapists and child molesters behind bars first, but if you think it better to spend the resources to capture and convict file sharers instead, then God help us!!!!   All we need is a few more with similar views and we'll be back in Hitler's Germany... Stalin's Russia. 

This is not an either/or story, amazingly the government is so awesome it can go after rapist, murderers and child molesters aswell as pirates and thiefs AT THE SAME TIME.:O 

So it's alright for government to play policeman for the wealthy... all at taxpayers expense, right??   OK, then, so what about when the government you empowered decides to extend its sphere of influence to pursuing, persecuting, prosecuting you (with a mandatory conviction) for something it perceives as evil and unlawful... unlawful under the new totalitarian arrangements handed to it on a silver platter by the groundswell of unwitting copyright sympathisers.  You see, you don't want to give government too many mandates, given what politicians are, otherwise you set them up to take even more liberties and eventually become omnipotent.

Wealthy game developers companies like Stardock you mean? 

 

End of starkers's quote

Reply #83 Top

Why is it bad that the Fed is closing down illegal filesharing sites???

 

Because they're not all illegal.  They're filesharing sites.  The technology tied to filesharing (p2p) is amazing and just now being picked up by huge corporations.  The problem with these sites is that it's not possible to look up licensing information of every torrent (you don't even know what's in the torrent) stored on them.  The site would have to have employees download every torrent, every time (since many torrents don't fit the name) and then research and report the legality of each.  This is stupid.

 

That's why it's bad that the fed is closing down illegal filesharing sites.  They're only illegal once they draw enough attention.  Copyright law was meant to expand technlogy, and this is just one symptom that copyright law is no longer serving its purpose.  It needs to be repealed.  It was never meant to be a supporting force for large businesses.

Reply #84 Top

But if 95% of the torrents are illegal they should just be let go?

Reply #85 Top

there is NO reason whatsoever to pervert the justice system to suit that end
End of quote

It is only your opinion that Law is being perverted in this situation.

Don't confuse personal agrievance with the system as a unilateral/universal failing of the system.

Example, yes, systemic failing...no.

novagenesis... if they are closing "Illegal file sharing sites" it is because they are Illegal.

As stated previously....all debate on this OP's topic is by definition  meaningless.

If you heed the title and concede the action as truthful then ther IS no argument possible.

The failing [of the OP] is probably fixable with one word.....

"ALLEGED"

If the bloody site is illegal that is the end of discussion.

If, however you wish to dispute whether a site is correctly labelled as 'illegal' or not....yer gonna have to find another thread because this one was screwed by its own wording from the outset.

Reply #86 Top

there is NO reason whatsoever to pervert the justice system to suit that end

It is only your opinion that Law is being perverted in this situation.
End of quote

No, it is not.  Any criminal prosecutor worth his or her salt would tell you that they would not want the criminal justice system so clogged with civil matters/copyright disputes that they could not get their blood and violence cases before the courts.  That's why 2 separate court systems were introduced over a century ago, and the civil court was created... so that personal property disputes did not prevent or delay the administering of justice to the very worst of society... you know violent criminals and those who seek to harm children, etc.  On the other hand, civil court lawyers would get mighty pissed if they couldn't argue property disputes because some idiot decided to prosecute violent crimes in his venue instead.

As it is, do-gooders and civil libertarians have been able to pervert the law to allow the very worst of society far greater liberties than they deserve, so let's not go down that road where large corporations with self-serving agendas can pervert justice any farther.

Don't confuse personal agrievance with the system as a unilateral/universal failing of the system.
End of quote

Ah, but it is not purely personal agrievance :typo: !!!!!  There has been a breakdown of law and order and a systemic failing of justice systems around the world for decades... maybe not so much so for those large corporations and the wealthy, but most certainly for the average small bloke who hasn't two spare cents to scratch his arse.  Again, this is the fault of do-gooders and fancy pants lawyers who fight to keep murderers and rapists on the street.  So no, it is NOT because I'm personally aggrieved, but rather that I see society going to shit and too many innocents suffering the consequences of a dilution in law and order, a perverted justice system.  And as I alluded to before, I'd rather see 10 software pirates go free if it meant the resources were freed up to put just 1 murderer behind bars for life.

Reply #87 Top

Any criminal prosecutor worth his or her salt would tell you that they would not want the criminal justice system so clogged with civil matters/copyright disputes that they could not get their blood and violence cases before the courts.
End of quote

Quite so...but again the term "perverted" is coloured and not empirically determined.

As for typos....again I've had 4 hours sleep since Sunday morning [thanks, builders] and 5.5 hours of talks relating to 3 separate design projects, been chasing rips and warez [of WC members' stuff] and eyeballing the more 'active' threads in case someone goes postal.

Other than that it's all ticketty-boo and honky-dory.

So...I'm allowed a typo or two....;)

Reply #88 Top

Failings within the legal system is nothing to do with anyone chasing piracy....it's about the commercialism/capitalism of the Legal system.

Democracy demands the rights to 'representation' however makes only token gestures to those who simply cannot afford reasonable representation....just as with more 'enlightened' countries put in place systems that [at least attept to] provide decent health care for all...including those who cannot afford it.

To many Social Welfare is a bastard anti-capitalistic Commie ideology that should have been stamped out by the Reds-under-the-beds brigade post WW2.

Don't blame corporations because they can afford the Law....blame capitalism for ensuring the poor cannot.

Reply #89 Top

Don't blame corporations because they can afford the Law....blame capitalism for ensuring the poor cannot.
End of quote

I do think that government should provide a net for the poor and means test people using gov't. programs. Too bad the public option was defeated. It would have meant bringing costs into line and allowing everyone more affordable healthcare. As it is now, Medicaid will see a +/- 50% rise in enrollment... impossible to process and provide for in budgets and medical offices.

Reply #90 Top

As for typos....again I've had 4 hours sleep since Sunday morning [thanks, builders]
End of quote

About the same for me since Friday night/Saturday morning [thanks insomnia/ongoing pain]

As for the piracy, court and justice thing, we could trade blows here forever and never resolve what is obviously a flawed system, so as much as I'd like to continue debating the subject, I'm going to bow out gracefully now because I need to devote more time to something I'm able to exert my influence over... organising our move, that is... you know the drill, lots of packing, cleaning, etc. 

First off, however, I need to grab a few hours shuteye... before I go postal. ;)

Reply #91 Top

Just to make a point, Microsoft sent out the RC version of Windows 7 for Beta testing using the Bit torrent client.

Reply #92 Top

Quoting jeffalford, reply 91
Just to make a point, Microsoft sent out the RC version of Windows 7 for Beta testing using the Bit torrent client.
End of jeffalford's quote


Which is a good legal use of the BT system, another example would include X3 patches, where you can download directly from the egosoft servers, from mirrors, or use a torrent link.

Point of post, I don't think anyone here is argueing the legallity of BT itself, just the legal nature of certain torrents, the sites that track all the torrents (and therefore the not so legal ones), and how the goverment/corps are working together to bring down people who while are on the receiving end of a criminal act, are not the ones making such criminal actions possible (which therefore means the gov sohuld be tracking the people who make the origional warez and rips and not granny's and 10yo grandchildren)

Reply #93 Top

I agree Gwakamoli, I just wanted to point out that there are legitimate use of the technology. Unfortunately good things have been subverted for use by bad people since the dawn of man, I don't see that changing any time soon no matter how many laws are passed. I also don't think we should fear the tech like the Luddites. If the corporations are so afraid of  falling profits, it would seem the better idea would be to change the model. Instead this is what we are stuck with. People who don't understand how the tech works making legislation for its use.       

Reply #94 Top

Quoting lifekatana, reply 82

This is not an either/or story, amazingly the government is so awesome it can go after rapist, murderers and child molesters aswell as pirates and thiefs AT THE SAME TIME.
End of lifekatana's quote


Actually...no, it can't, and we're finding that out lately, with the massive police layoffs going on all over the USA.  They no longer have a narcotics division in Stockton, California. http://www.npr.org/templates/story/story.php?storyId=127991882

Communities, just like middle class families, are feeling the crunch of the recession and they're having to cut back, make due, and due without.  As a citizen and a voter, if my police department is going to have to triage their services, I prefer they go after violent offenders in the community, rather than geeks living in their parents' garage, downloading torrents.  Of course, I'm not on the receiving end of any entertainment industry bonuses, so the internet piracy thing doesn't really hit me where it hurts.

Reply #95 Top

Quoting Luckmann, reply 57
Oh, joy, we're on the third page of a redundant thread and we've already broken Godwin's Law.

Quoting AgentNihilist, reply 55I'd look more at Mussolini's Italy as a parallel example to our current political climate and dangers of its ideology.Well that's just stupid.
Edit: Edited for niceties.
End of Luckmann's quote

 

My statement seems to have been misunderstood. As godwin had been invoked I was pointing out that if people are looking at history the may want to look at a government that's herald was corporatism and corporate/government collusion, instead of genocide or social communism. The use of parallel was to encourage comparing and contrasting the differences and dangers - not to suggest we were that way. We are a far ways off from any sort of totalitarian regime, however looking to the past to help guide the future means looking at and learning from mistakes, not ignoring them.

Reply #96 Top

so the internet piracy thing doesn't really hit me where it hurts.
End of quote

Shall I distribute your skins/artwork without your permission then?

Maybe put them all under my name....

Perhaps post them on a child-porn site so you appear to endorse the activity?

Like it or not, 'piracy' and all its variations of IP theft/abuse affects us all.

It's a daily occurrence that I have someone wanting my help to chase THEIR IP taken by some budding pirate feeling his way in the big world of 'to the man giving it-dom'.

 

 

With attitudes like that...why do I bother?

Reply #97 Top

Quoting Jafo, reply 96

so the internet piracy thing doesn't really hit me where it hurts.
Shall I distribute your skins/artwork without your permission then?

Maybe put them all under my name....

Perhaps post them on a child-porn site so you appear to endorse the activity?

Like it or not, 'piracy' and all its variations of IP theft/abuse affects us all.

It's a daily occurrence that I have someone wanting my help to chase THEIR IP taken by some budding pirate feeling his way in the big world of 'to the man giving it-dom'.

 

 

With attitudes like that...why do I bother?
End of Jafo's quote

You bother because that is your stuff, if you expect the police or the government to protect your property, then God help us all! They are supposed to protect your safety not be your personal property security team!  

Reply #98 Top

Quoting Jafo, reply 96

Shall I distribute your skins/artwork without your permission then?

Maybe put them all under my name....

Perhaps post them on a child-porn site so you appear to endorse the activity?
End of Jafo's quote


I don't care. 

Everybody has to choose for themselves which of their battles are worth fighting about.  My artwork is not worth fighting about.  My 2 years here at WC has taught me at least that much.

Reply #99 Top

Just quickly....

You bother because that is your stuff, if you expect the police or the government to protect your property, then God help us all! They are supposed to protect your safety not be your personal property security team!
End of quote

Precisely, the police were never intended to be baby sitters.  For example, if somebody breaks into your house and steals your angle grinder, that's burglary and a criminal offense punishable by law in the criminal justice system.  On the other hand, however, if you loan that angle grinder to somebody and they don't feel like handing it back, the cops will tell you that it is a civil matter.

And Jafo, I know your feelings on piracy, etc, but with police resources getting thinner on the ground all the time (and that's everywhere these days) what would you rather... cops chasing pirates or cops protecting yours and Terry's personal safety???   Precisely!  Public safety should always be their first priority... meaning that if anyone has a gripe about personal property (providing it is not stolen under physical trespass.. ie burglary, shoplifting), they need to use the civil channels to resolve their dispute(s).

Reply #100 Top

You bother because that is your stuff
End of quote

No.

I am talking about OTHER PEOPLE's 'stuff'.

Why should I bother to care that their IP is being pirated when they have a total disinterested attitude themselves.

Why should Wincustomize.com have admins/moderators helping protect YOUR property from abuse/misuse?

No-one...repeat...no-one is going to value/respect your work if you do not do so yourself.

Why submit works to contests if the works mean nothing to you?