Posts Tagged Copyright

Why “piracy” is not stealing (and why you still shouldn’t do it)

Whenever internet “piracy” is brought up, there is always someone who equates downloading an album or movie to going to JB Hifi and stealing it. This is incorrect for several reasons, so I though I’d respond to the most common arguments I hear supporting this view.

1. It’s the same as stealing the physical product from a store

Consider this scenario: A developer releases a new piece of software and burns a 10 copies to CD to sell. If someone downloads a copy of his software illegally (piracy), he still has 10 CDs; however, if someone broke into his house and stole the CDs, he wouldn’t have CDs anymore.
Depriving someone else of their property is fundamental to the concept of theft and this does not happen here.

2. It’s stealing because you’ve obtained something you didn’t pay for

The same developer wants to test a new version of his software, so he sends copies out to his friends for testing (for free), telling them not to distribute it further. If one of his friends then uploads a copy to RapidShare or creates a torrent on The Pirate Bay, he or she is still “committing piracy” even though he or she got it for free.
The reason this is still “piracy” is because copyright infringement (or “piracy”) is about distributing copies of a work without the copyright owner’s permission.

3. People who pirate don’t buy things

At least one study has shown that people who download music also buy more music than those who don’t download music. In addition, artists are actually making more money since the rise of online copyright infringement and piracy is certainly not killing the music industry.

Any physical good costs money to produce. A CD has to be pressed in a factory and the materials cost money. How much does it cost you to copy a CD to your MP3 player or iPod? It costs you nothing, it costs the record company nothing, it costs the artist nothing. A digital copy costs nothing (in and of itself) to produce. The current copyright laws are based around the idea that content content cannot be distributed without a physical form and is designed to protect people from being undercut by others with cheaper manufacturing costs or a wider audience.

I don’t think media should be free, but I think that the business models of the media companies need to change for the internet. iTunes and similar online stores are a step in the right direction, but they still are encumbered by the idea that a digital file has the same (or similar) intrinsic value as a physical item. In my opinion, a different model to “I pay for an object and recieve an object in return” will probably emerge. Perhaps a subscription-like model where you pay a fixed fee per month and can download a certain (or unlimited) number of tracks in exchange.

But this is speculation, and copyright infringement is still illegal and it’s still not respecting the wishes of those whose work it is you’re downloading.

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Now I know that a mandatory blacklist is pointless

  1. The blacklist will contain “almost exclusively RC material”.
  2. RC material (excluding “child abuse material”) is legal to possess and view within Australia, in addition anything classified is definitely legal to view and possess.
  3. Child pornography websites rarely exist for more than a couple of weeks.
  4. The filter is/will be trivial to bypass.
  5. Bypassing the filter will not be illegal.

These are all facts. Given that adding sites to the blacklist can take months, it will be ineffective at stopping access to the illegal content (child abuse material). In addition, access to any other blacklisted content is not illegal and can be done easily.

The government knows all this, but is pressing ahead nevertheless. I must wonder: Is there something else that the government wishes to do with this filter?

The only thing I can conclude is that the government actually wants scope creep to occur, but won’t say so in public. It wants to silence its political opponents. It wants to stop access to all pornography. It wants to stop so-called “copyright theft” (even though internet filters cannot hope to achieve this). If it didn’t want to do this, it would have no reason to keep the blacklist secret. The blacklist contains “the worst of the worst” no sane person would want to access stuff on it if the blacklist was only CP.

Above all the government wants to be seen to be “doing something” for all the lobby groups screaming out pleas like “won’t somebody think of the children?”

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Why the iiNet case scares me and why movie and music publishers need to evolve to survive

It scares me because iiNet have done nothing wrong, despite claims by the AFACT that they “allowed distribution of copyrighted material”. iiNet cannot, by law, monitor what it’s users do with their connections without a court order. The AFACT seem to be assuming that because they believe a user is downloading movies or music via bittorrent, iiNet should know too. After all, they are the ones providing the internet connection. However, conclusive proof needs to be given, and unless iiNet monitors its user’s connections, it cannot confirm or deny any claims by AFACT. So iiNet rightly forwarded the allegations to the police. The AFACT, however, do not like this. They want iiNet to disconnect infringing users. But iiNet does not want to lose customers on a baseless accusation, and they cannot comfirm the AFACT’s claims without breaking the law. How can anyone expect them to act any differently?

The number one reason it scares me, however, is if iiNet loses the case it could mean that ISPs will be forced to disconnect users if they are accused of downloading copyrighted material, regardless of whether they have or not. I don’t want my internet disconnected just because I connected to a torrent tracker to download perfectly legal data, for example: linux distributions, movies for which copyright has expired, etc.

The AFACT shows just how ignorant they are about how the internet works. If they block one medium of distribution, many more will arise from the ashes; look what happened with Napster: it was taken down, but the came Kazaa, and Limewire and the gnutella network, and bittorrent, and so on. The industry needs to adapt to the Internet age if it is to maintain the profits it has supposedly been losing to piracy. It is its unwillingness to let go of past business models that has got it into its present mess.

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Copyright… Theft?

How can you steal copyright? This makes no sense whatsoever. I could walk into a shop and steal a DVD (copyrighted material) but the penalties I would face would have nothing to do with whether or not the content on the DVD was copyrighted. Conversely, downloading copyrighted material from the internet is not theft, because i am simply making a copy of data that exists elsewhere. This is copyright infringement. They are 2 very different things. So when I see a name like AFACT (Australian Federation Against Copyright Theft) I believe that it is simply an attempt to confuse the issue. I’m certainly confused…

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