Funniest/Most Insightful Comments Of The Week At Techdirt

from the bait-troll dept

Trolls, as we all know, have a tendency to derail the conversation. But once in a while, the result is that they send it hurtling down a path of insight and hilarity—and that’s what happened this week. Three out of four top-voted comments came in response to one of our more tenacious bridge-dwellers, on our post about the content industry continuing to punish paying customers with their misguided attempts to fight piracy. Forever the moralist, said troll dismissed economics and pragmatism in favor of beating the piracy-is-wrong! drum, and amidst many great responses, JEDIDAH won Most Insightful for reiterating our view that wrong or not, it really doesn’t matter:

If you’re really worried about the money, a pirate and a lost customer “doing without” look exactly the same.

Being sanctimonious gains you nothing.

The second Most Insightful comment comes from our post about Ustream’s copyright enforcement bots blocking the Hugo Awards despite all the clips used in the show being fully licensed. Geeker called for some semantic clarity:

Isn’t it about time that we all start calling it what it really is… copyrestriction

For the first Insightful Editor’s Choice, you Better Call Saul, aka saulgoode, who has some predictions about the future of robot rights—or rather, rights over robots:

If the bobble heads at the Patent Office continue on the path they are currently following then we can certainly expect a rush of patents on all kinds of human activity with the caveat of it being done “with a robot” — e.g., dig a hole with a robot, change a tire with a robot, build a swing set with a robot — just as “with a computer” seems to justify patents being issued on things such as getting feedback from a buyer or scrolling through a document.

(Of course, he left out “sex with a robot”)

For the second Insightful Editor’s Choice, we’ll circle back to our top winner. JEDIDAH’s comment about pirates and non-customers being no different from each other was fantastic, but Richard realized you could take it one step further and replied:

Actually this is wrong – because a pirate may give you some extra publicity and that may attract others who will pay. The “doing without” customer doesn’t do this.

And that takes us nicely into the funny side of things, where both of the community’s favorite comments were also in response to the regular troll who mostly took over that thread. First up, there’s an anonymous comment yet again underlining the fact that focusing on morals is missing the point:

Nothing you’ve said has any bearing at all on this article. You’re like the guy at the rave who’s had one hit of acid too many and spends the rest of the weekend talking to a floorboard with a few knots in close proximity that sort of resemble a face.

Of course, at this point, I suspect we’d have better luck getting the floorboard to understand these concepts.

Up next is a reply to a reply, where still another commenter had pointed that our troll missed the point of the article entirely, and ComputerAddict suggested a possible diagnosis for this critical and repeated brain failure:

Give him a break, it’s just his ContentID system failing.

It saw an article by Mike that contained the word “Pirate” and it automatically started spewing the canned “Pirate Mike” response. Its not like there is a human behind these content identification systems that are actually reading for context.

Perhaps we need a YouTube-esque warning message. “This post has been trolled because it contains content from: Reality.”

For Editor’s Choice on the funny side, we’ll dig into the surplus of stories about porn and sex that seemed to dominate (no, not like that) Techdirt this week. First up is Tunnen on our post about some laywers “patenting sex” (not really). He snagged enough votes (plus the First Word slot) to achieve the impressive feat of out-sex-joking Dark Helmet:

I’d tell you where you could stick that patent…. though that act may also violate it. =P

And last but definitely not least (in fact, my favorite, because I love a joke crafted from the mundane by the addition of a single piece of punctuation) we’ve got an anonymous comment on our post about the GOP’s war on porn that tweaks (no, not like that) a common campaign topic:

No more porn? Think of all the -jobs we’d be losing.

That’s it for this week! See you tomorrow.


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Comments on “Funniest/Most Insightful Comments Of The Week At Techdirt”

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499 Comments
average_joe (profile) says:

Forever the moralist, said troll dismissed economics and pragmatism in favor of beating the piracy-is-wrong! drum, and amidst many great responses, JEDIDAH won Most Insightful for reiterating our view that wrong or not, it really doesn’t matter… underlining the fact that focusing on morals is missing the point…

But it does matter that it’s wrong. If it weren’t wrong, it wouldn’t matter that it happens. But because it is wrong, it matters that it happens. You and Mike and the rest of the gang might not think that it matters that it’s wrong, but in the real world when someone is doing something wrong, it actually matters.

The fact that you don’t/won’t acknowledge that much speaks volumes, and it’s a big part of what makes Techdirt a pirate-apologist blog. The Techdirt m.o. is to just gloss over the fact that piracy is wrong and to pretend like it doesn’t even matter that people’s rights are being willfully violated.

Can I willfully violate your rights? Would you think it didn’t matter then? If not, why not? I know you don’t have a good answer.

And honestly, referring to a dissenter as a “troll” is just sad. You’re trying to demonize and dehumanize a person who has a different point of view. Shame on you. And shame on creating an atmosphere that isn’t conducive to differing points of view.

Leigh Beadon (profile) says:

Re: Re:

Personally I believe that, while violating the rights of creators is wrong in a very real sense, it is at least equally wrong (in a broader and, in the long run, more significant sense) to hold back the proliferation of culture and interfere with the (in my opinion) absolutely incredible potential of technology that can make all human knowledge and culture available to everyone, everywhere, all the time.

But, since I also think that since greater economic opportunity exists in embracing infinite distribution in the long run too, I think the moral discussion (which is highly personal and subjective anyway) can and should be made secondary, at least in certain forums — and that’s the truly important part. Different forums for different ideas. Techdirt occasionally takes on the moral side of things directly with certain posts, but for the most part our focus is on the economic and practical side of things. The only way to make any progress in discussions and debates about a complex topic is if you are capable of sectioning off parts of it or views of it to look at individually, as well as considering the whole.

And that’s why I label this dissenter a troll. He’s not capable of participating in a structured discussion or even addressing a topic as it was presented — he just goes back to “but it’s wrong!” and beats that drum. That’s unbearably counterproductive and he knows it. It’s the same mentality that has held so many businesses back — “we refuse to budge until piracy is solved”

Well, our goal is not to solve or stop piracy — our goal is to find sustainable, growable business models that realistically work in the digital world without relying on heavyhanded enforcement or ever-expanding laws. Reduced piracy is likely to be a side-effect of that, but even if it wasn’t, we wouldn’t care as long as creators are succeeding. If someone is only here in the comments to insist that we shouldn’t be allowed to have that discussion because “piracy is wrong”, then they need to go find a different forum to participate in — a forum where people’s goal is to stop piracy. By hanging around here, attempting to turn every discussion into a moral debate about piracy that prevents people from examining any other aspect, then they are a troll.

average_joe (profile) says:

Re: Re: Re:

So as long as I can rationalize that in the “broader and, in the long run, more significant sense” that your rights don’t matter, that means I get to violate your rights? And if I decide that violating your rights causes more good than harm, does that justify my decision to do so?

You’re trying to downplay the fact that people are having their rights violated, and you’ve decided that since you think the victims would be better off not worrying about their rights then it’s not a big deal that people violate them. In other words, you’ve made yourself the arbiter of what’s important and what’s not. You put yourself and your views ahead of the law and other people’s rights. I’m sorry that you disagree with the law, but that doesn’t excuse anyone’s decision to violate it.

As far as calling that poster a “troll,” I think it’s ridiculous and childish. So what if his view is that it’s wrong and that it’s important to discuss that aspect? If you disagree with him, state your case. But calling him names and making fun of him isn’t productive. Labeling anyone who reminds you of an uncomfortable truth a “troll” says more about you than it does about them.

Anonymous Coward says:

Re: Re: Re:2 Re:

“So if someone pirates in Brazil, will someone in America lose $1?”

Jay, it’s never quite as direct as that, but let’s consider:

You make a TV show in the US. It’s popular, and you decide to license it to different countries for a fee. Local TV stations pay you a fee based on their ability to attract viewers, and thus to attract advertisers.

Now, if your TV has been widely pirated in Brazil, such that everyone has already seen it, do you really think that a TV channel would pay the same amount of money that they would pay for something that is new, that people have not seen already?

If everyone already has it, everyone has already seen it, and everyone has a copy they can watch again and again with no commercials, no interruptions… why would they watch it on TV?

At that point, your ability to license your TV show into Brazil, example, is near zero. No, you cannot equate one pirated version to a $1 loss, it’s never that simple. It’s what the pirate apologists try hard to stress. If a rights owner cannot draw a simple straight 1 to 1 connection, then there must be no loss.

Just because it’s not easy to document the DIRECT loss doesn’t mean there isn’t loss.

Gothenem (profile) says:

Re: Re: Re:5 Re:

Poverty does not justify crime, yet poverty breeds crime. Whether or not windowing justifies piracy isn’t the issue. It will create it regardless. And just like the poverty example, heavier enforcement won’t stop it either. The answer would be to find a more sustainable business model that will still pay the content creators for their creativity, and at the same time, won’t punish the end users for living in a certain country, region, or whatnot.

Of course, why create a new business model when the old one works so well? The answer is simple. The old business model doesn’t work anymore. Technology has changed, and businesses need to change as well, otherwise they will be left behind.

Piracy is not right, but the gatekeepers, and some content creators are forcing people to it by refusing to adapt to the current market. Piracy is a symptom of companies that refuse to innovate, and refuse to bring the customer the product they want. The consumers will go to the content they want, and if the creators won’t give it to them legally, they’ll get it another way.

Anonymous Coward says:

Re: Re: Re:6 Re:

The market is driving them out of business completely. How will it feel when the window is gone because the content isn’t there?

I live in a place that is about 6 – 8 months behind the US on some things, completely up to date on others. But it’s a small market here for english stuff, and I understand that there isn’t the ad dollars to support getting it sooner. Basically, it had to have run twice in the US (original and repeat) before we see it here. Guess what? I don’t die because I have to wait a little bit.

The supply isn’t infinite. There are a limited number of shows you want to watch. Distribution may be easier, but the economics don’t change just because you found a way to steal (and I mean steal here, because the product isn’t available in your market at all. You aren’t just copying over the air TV, you are actually taking something that isn’t available in your area at all).

The impatience reminds me of my 3 year old son. He gets in quite the little hissy fit if he can’t have something now. Thankfully, he is learning a little patience, and will certainly grow out of the “want it all now” phase. It’s something most of them grow out of.

The eejit (profile) says:

Re: Re: Re:7 Re:

Can’t steal what isn’t there. IT’s physically impossible to steal imaginary property. Plus, there are about three shows I want to watch. Period. Everything else is just additional timesinks.

I would much rather companies made the thing available worldwide without any DRM at a price point that I value the content at than go hunt on, say, TPB. But if it’s not available for a year, that’s a year that my points of discussion aren’t relevant.

Rikuo (profile) says:

Re: Re: Re: Re:

And when these so called “rights are violated, it can actually result in a net gain for everyone, including the creator of the work?
No, you are a fool. You would sacrifice any good that comes out of infringement because you’re too scared of losing that government granted monopoly. However, the joke’s on you, you’ve already lost it. The government granted monopoly is unenforceable. Everyone can copy and there’s no way for the government to stop everyone from copying.

MrWilson says:

Re: Re: Re:2 Re:

average_joe seems to be arguing for a variation on the Lawful Stupid trope. It’s more important to be a victim screaming about having your rights violated and futilely lashing out with attempts at enforcing your rights while ruining any goodwill that the general public has left for you than it is to make sure you’re capable of making money in the current market conditions by adapting as necessary to reality. “It’s the law!” seems to trump “ooh! I made money from my creative work despite and/or because of piracy and my clever business model!”

Anonymous Coward says:

Re: Re: Re:3 Re:

Okay, so you have not problem if I come over and take your car. After all, it’s just a changing market condition, where people no longer pay for cars, they just take the ones they like. I like your car. I am taking it.

So now start a site called “CarDirt” and teach people how to profit from the lack of having a car.

Rikuo (profile) says:

Re: Re: Re:6 Re:

Less tangible? You do know what that means?

When someone steals your car, it is tangible, it is immediately noticeable and you suffer an immediate harm. You no longer have the car, you cannot use it.

Whereas if I copy an MP3 song, it is INtangible. It is not noticeable and you do not suffer harm. You still have your MP3, you can still use it.

And what human rights conventions? Only the ones that focus on IP, I bet. Or are you going to cite some sources to back up what you say?

MrWilson says:

Re: Re: Re:4 Re:

If you want to come over to my house and create an exact copy of my car while leaving me the original, you are more than welcome to do so. Why you would waste such miraculous replicating technology on copying an older car like mine rather than solving world hunger doesn’t make sense to me, but you apparently know more about market conditions than I do.

Togashi (profile) says:

Re: Re: Re: Re:

See, you’re not a troll because you actually try to have a civilized conversation about it. We call that poster a “troll” because he is not willing to try to make his argument without endless personal attacks. If someone states their case, all he will do is insult them and insist that he is right. If he were actually interested in a discussion, we’d be more than happy to deal with him and not call him a troll, but he’s just insistent on being the loudest voice in the room.

Leigh Beadon (profile) says:

Re: Re: Re: Re:

Whether or not you agree that the moral question is more important than the economic one, the question is the same: can you set aside the moral aspect and have a discussion about the very real economic questions, which are worthy of attention whether you believe them to be primary or secondary?

You’re trying to downplay the fact that people are having their rights violated, and you’ve decided that since you think the victims would be better off not worrying about their rights then it’s not a big deal that people violate them. In other words, you’ve made yourself the arbiter of what’s important and what’s not.

No, I’ve not “made myself the arbiter” of anything — i’ve expressed my opinion about what I think is more important. And there are lots of others who agree. And sometimes we’d like to have discussions that start from that mutual agreement and move forwards into the details, rather than constantly grappling with people who have a fundamentally different set of priorities and values on this whole subject.

If you’re not interested in those discussions, or not mature enough to participate in them, then this is not the forum for you. People here don’t want to have the same moral debate over and over again – they want to discuss other things. If someone insists on repeatedly attempting to start that debate, and cries foul when the community makes it clear to them that they aren’t interested whether by reporting or replying, and keeps at it and at it for years, I feel perfectly justified in calling them a troll. I can’t see any other possible motivation for their behaviour beyond a desire to fight.

Anonymous Coward says:

Re: Re: Re:3 Re:

“To put it another way, if I host a book club, I’m not going to invite the guy who thinks reading is a waste of time. We don’t want to spend all night arguing broad principles with him – we want to talk about the book.”

Sadly, you only want to talk about what is on the bottom of page13. You have convinced yourself that it’s the only part of the book that matters. When someone wants you to read the whole book, you insult them and tell them they are stupid for not paying attention to the bottom of page13.

You are attempting to have a discussion without looking at the whole picture. Don’t get snotty when someone points that out to you.

Leigh Beadon (profile) says:

Re: Re: Re:4 Re:

However you want to frame the analogy is fine. The fact is, we know what we want to discuss, and you know what we want to discuss, but you insist on attempting to derail the discussion with what YOU want to discuss every single time, even when it’s not on topic at all. Very childish, and very trollish.

average_joe (profile) says:

Re: Re: Re:5 Re:

So trying to get you to see past the end of your nose is trollish and childish? Well excuse me for trying to bring reality to the conversation. The fact remains that Mike’s view of copyright is extremely narrow and well, extreme. The fact that he refuses to ever discuss his personal beliefs directly is disconcerting. And labeling me pejoratively because I want to discuss the difficult stuff is sad. It seems that all you and Mike know how to do is ridicule those who don’t take your extremist views.

Leigh Beadon (profile) says:

Re: Re: Re:6 Re:

Bringing in new concepts and alternative views is fine — if you do it maturely.

Trying to turn EVERY CONVERSATION into the same one is not. It’s childish, and trollish. No matter what we want to discuss – no matter which aspect, which view, which detail, which topic — you and other trolls say the *exact same thing* — “but but piracy is wrong, so we refuse to have this conversation”

Well, that’s counterproductive, and childish, and you know it.

average_joe (profile) says:

Re: Re: Re:2 Re:

If Techdirt only wrote articles about helping people make money in the digital age, I might think you had a point. But that’s not all that Techdirt does. There’s plenty of articles where the position is taken that the blame for piracy lies with the victims and not with the pirates. That’s nonsense, not helping people out. That’s pirate apologism.

Same thing with all the articles that defend the pirates. Every effort to take any action against a pirate is put under the microscope and dissected at the subatomic level. But then everything a pirate does is glorified and defended–facts and law be damned. That’s not simply helping people out. That’s pirate apologism.

And then there’s articles like this one, where you reiterate the mantra that “wrong or not, it really doesn’t matter” and “focusing on morals is missing the point.” That’s not simply discussing how people can be better off. That’s pirate apologism.

I don’t care if you want to help people out. That’s admirable. But it’s all the pirate apologism that really bothers me–and the fact that it’s denied even though it’s patently obvious. Give me a break. Techdirt is all about apologizing for and defending the pirates. And it’s about blaming the pirates’ victims for the pirates’ conscious decision to violate their rights. That’s the part that bothers me.

Leigh Beadon (profile) says:

Re: Re: Re:3 Re:

There’s plenty of articles where the position is taken that the blame for piracy lies with the victims and not with the pirates. That’s nonsense, not helping people out. That’s pirate apologism.

Again, you’re imposing a moral conversation where it doesn’t belong. A lack of good legal offerings IS a prime motivator for piracy — that’s a fact. Increased legal offerings are a proven way of reducing piracy — that’s also a fact. So our advice is to worry less about just “feeling wronged” because of piracy, and more about offering a better product. Again — not a moral decision, a pragmatic one. But you want to make this about “blaming the victim” and how that’s morally wrong, when we believe that you are only a “victim” if you see yourself as such instead of embracing the many opportunities that come with the same technology that enables piracy. To me, you’re the one turning people into victims by telling them that’s what they are, and telling them they have no command over their own fate until some greater power steps in to protect them by clamping down on piracy, and that until then they should just beg, cry foul and play on people’s sympathy.

Same thing with all the articles that defend the pirates. Every effort to take any action against a pirate is put under the microscope and dissected at the subatomic level. But then everything a pirate does is glorified and defended–facts and law be damned.

You’ll find our interpretation of the law is generally consistent, and both sides of that coin you describe stem from the same thing: the knowledge that things labelled “piracy” more often than not turn out to be important disruptive innovations that change everything for the better.

And then there’s articles like this one, where you reiterate the mantra that “wrong or not, it really doesn’t matter” and “focusing on morals is missing the point.” That’s not simply discussing how people can be better off. That’s pirate apologism.

Why is it apologism? Firstly, as I described above, I feel the moral question is bigger and more complex than your view of “it’s the law, it’s their rights, you’re wrong, shut up”, but hey that’s me. But that’s not even the point, because the statement “wrong or not, it really doesn’t matter” is not apologism — it’s setting aside the moral question to have a more pragmatic discussion. If you don’t want to do that, fine – but don’t expect everyone to constantly entertain you just because you want to have an entirely different conversation.

average_joe (profile) says:

Re: Re: Re:4 Re:

The ONLY person who is to blame for that person’s conscious decision to pirate is that person. No one else. Don’t like their legal offerings, then don’t do business with them. Don’t like the way a rightholder chooses not to embrace an opportunity, then don’t do business with them. But nothing ever justifies violating their rights. Nothing.

No other blogs day in and day out pumps out as much pirate apologism as Techdirt. Article after article about how piracy is not a big deal, defending any pirate who gets caught, cutting down any rightholder who dares to complain about their rights being violated, blaming the victims, etc. It’s a fact that Techdirt is a pirate apologist blog.

Anonymous Coward says:

Re: Re: Re:6 Re:

What would that matter? If something is not available, then you don’t get to have it. It’s an incredible sense of entitlement, and Techdirt is there day after day to tell the pirates that it’s not their fault and it’s all OK.

Funny how admitted pirates like yourself feel right at home on Techdirt, yet Mike can’t even admit that he’s a pirate apologist.

Anonymous Coward says:

Re: Re: Re:7 Re:

“If somethings not available you don’t get to have it” is a moral arguement that applies to physical goods.

Consider the effects of stealing a rare car because it’s not available versus pirating earthbound because it’s not available for example.

Of course you’re probably doing something retarded like basing morality on emotion and ignoring actual consiquences like all the anti-piracy nutters.

Beech says:

Re: Re: Re:5 Re:

The main thrust is that “Piracy happens, there’s ways to avoid it and maybe even profit off of it.”

And I wouldn’t call it “blaming the victim,” but more like, “if the victim altered their behavior they would be less likely to be a victim.” If someone leaves their car running, in a bad neighborhood, at 3am, with the door open, you wouldn’t BLAME them for having their car stolen, but you would probably say something like “Duh!” and call them an idiot. Of course the thief is wrong. Of course the loss of the car is lamentable. No, nothing the victim did warrants the loss of his property. BUT, we happen to live in a world where cars get stolen. That’s why cars have ignition keys and locking doors and Lojack and VINs. Because shit happens. If you don’t take the minimum steps to realize that you are not currently living in an Utopia and that bad people will do bad things if given half a chance, bad shit will probably happen. Saying that isn’t defending the doers of the bad shit, its recognizing the world as the fucked up place it is.

So, yes. It is terrible that someone can spend hours/days/months/years working on a book/movie/song/play/etc. and in the end have no say in how people come by it. It’s a travesty that someone can make something loved by many many people and in the end lose money on it, which may or may not lead them to stop making things people love. But the Techdirt Gang are trying to help in their own way. We could talk all day about how horrible piracy is. Talking about how bad it is doesn’t stop it though. But talking about how to make (more?) money despite it may. Giving a 3 hour lecture on how bad stealing cars is doesn’t stop car theft. But a 3 hour lecture on locking your doors may.

Anonymous Coward says:

Re: Re: Re:6 Re:

“And I wouldn’t call it “blaming the victim,” but more like, “if the victim altered their behavior they would be less likely to be a victim.” “

It’s the same sort of disgusting logic that says a girl shouldn’t wear certain clothes because it might cause a man to rape her. In some muslim countries, women are covered with a bedsheet to avoid temptation, as Allah was tempted as all men would be by the flesh. Do you think that is right?

It is always blaming the victim.

“But the Techdirt Gang are trying to help in their own way.”

Yes, by cheering on the piracy sites, cheering on their rights to “free speech” no matter how much it causes piracy, and then they offer to “help” the victims. I don’t think too many victims want help from those who enable and encourage the crime.

Beech says:

Re: Re: Re:7 Re:

Do I think it’s right that a woman could be beaten raped and killed by misguided adherents to a particular religion for dressing in a certain way? No. That’s horrible. But at the same time, if you are a woman living in a country where a woman could be beaten raped and killed by misguided adherents to a particular religion for dressing in a certain way, maybe you should exercise caution when you dress that way? The world SUCKS. We should try to make it better. But don’t do things that are going to put your ass in danger either.

Also, I see a lot a lot of technical legal breakdowns of sites that allegedly aid piracy. I see a lot of cheering for artists who find new and awesome ways to monetize their content despite that fact that there are dirty thieving pirate sites all over too.

Beech says:

Re: Re: Re:7 Re:

Furthermore, it’s a question of practicality. “Your car is likely to get stolen if you leave it here.” You have every right to leave your car there without someone absconding with it. If someone does, they are a terrible person indeed. If I’m trying to tell you to lock your doors, I’m not cheering on a car thief, or saying the thief is right for taking your car, or blaming you for having your car stolen, I’m trying to help you out.

Anonymous Coward says:

Re: Re: Re:8 Re:

No, what you are saying is that you don’t support car theft, but you are willing to support their rights to carry a slim jim, to carry other tools to break into the cars, and when caught driving the car, you don’t think they should be charged or treated as a criminal because they were just showing how the car could be stolen and why you should lock it better.

Then further, you berate the car owner for using a new fangled “DRM” style lock on the car because the determined thieves can still steal it, and it might sometimes actually lock you out.

What you are really saying is don’t lock your car, don’t bitch about car thieves, and perhaps you can mitigate the problem by leaving the gas tank almost empty and hoping the next thief fills it up for you.

You aren’t trying to help anyone except the thieves.

Beech says:

Re: Re: Re:9 Re:

You don’t need a slim jim to break into an unlocked car. I do support someone’s rights to carry “other tools to break into the cars” since you could use a hammer and screw driver for such. You can make your own slim jim out of a coat hanger with a little determination. Should we outlaw those as well?

Then, if a car manufacturer added a new “DRM” style lock which 1) did nothing to keep thieves from getting cars once one person figures it out, and 2) made use of the car more complicated for legitimate uses, i would berate the hell out of them, because it’s stupid.

And I don’t know why you can’t get it through your thick skull that encouraging basic preventative measures against a thing is not the same as being a secret supporter of said thing.
“OMG, did you say people in New Orleans should put hurricane clips on their houses to keep their roofs from blowing off? I guess you’re supporting hurricanes.”

“OMG are you saying that there’s a fire in my living room and I should leave MY house for fear of getting burend? I guess you’re saying that fire isn’t evil.”

“What? There’s a biker gang outside of my house that is kicking the asses of anyone who walks by wearing tacky argyle sweaters so i shouldn’t wear my tacky argyle sweater outside? I guess you’re trying to help the biker gang!”

What I’m saying is piracy happens. It’s not going to unhappen. It’s shit. Find a business model that allows you to cope with it or else you’re going out of business. Sorry.

Anonymous Coward says:

Re: Re: Re:10 Re:

“”OMG are you saying that there’s a fire in my living room and I should leave MY house for fear of getting burend? I guess you’re saying that fire isn’t evil.” “

Amusing but you miss the point. There is an arsonist on the loose, he’s in my living room, and he is setting a fire… and you are saying I should just leave, it’s safer.

You also support selling matches and gas to the guy, and you willingly drove him to my house and helped him get in.

You are focusing on the wrong part of the issue. You are like a boy scout forcibly helping a little old lady across a street that she didn’t want to cross to start with. YOU MISSED THE POINT!

Beech says:

Re: Re: Re:11 Re:

“Amusing but you miss the point. There is an arsonist on the loose, he’s in my living room, and he is setting a fire… and you are saying I should just leave, it’s safer.”

Well, yeah. Call 911 I bet they’d tell you the same thing. something like “Get away and wait for the police to arrive.”

“You also support selling matches and gas to the guy, and you willingly drove him to my house and helped him get in.”

I do support selling him matches and gas, especially since to avoid unwittingly selling gas and matches to an arsonist you would have to stop selling them to ANYONE. Gas and matches are common tools used for a wide variety of perfectly legal things. And I don’t know how I’m supposedly chauffeuring or directly assisting the arsonist, I think the analogy breaks down there unless you’re accusing me of volunteering to help code for piracy site or something. What I am doing is screaming at you from the sidewalk “Hey, there’s a guy setting your house on fire. It may be a good idea to make a strategic retreat for the time being.”

“You are focusing on the wrong part of the issue. “
Wrong-o. As Leigh mentioned a few times to average_joe, this site focuses on how to maximize profits on IPs in a world where infringement occurs. If you want to endlessly just yap about how wrong infringement is (which no one seems to be debating) YOU are focusing on the wrong part of the issue, go somewhere else to dance the “Piracy is bad so we shouldn’t have to find a solution” dance.

Anonymous Coward says:

Re: Re: Re:12 Re:

Got it. So you would rather that there is widespread crime and we all hide in our homes, too scared to go out, rather than deal with it.

I suspect you also say “snitches get stiches”.

“YOU are focusing on the wrong part of the issue, go somewhere else to dance the “Piracy is bad so we shouldn’t have to find a solution” dance.”

It’s people like you that make it hard to have a discussion here. Look, you may not LIKE it, but you need to understand cause and effect. What is it that you pirate the most? Hollywood movies, American TV shows, and commercial label music. When nobody is paying for it anymore, what do you think happens?

Hint: You won’t have anything new to pirate.

So when you have the discussion of right and wrong, you also need to have a little self interest. If you like the content, you should pay for at least some of it, otherwise there might not be any left.

If you don’t see piracy as an issue, then I doubt you see any other crime as particularly important.

Richard (profile) says:

Re: Re: Re:13 Re:

Got it. So you would rather that there is widespread crime and we all hide in our homes, too scared to go out, rather than deal with it.

No – – obviously we are looking for way that deal with it – but unlike you we are looking at ways that will ACTUALLY WORK – and which don’t involve huge amounts of collateral damage.

You solution is WAXWORLD even if it succeeds.

Anonymous Coward says:

Re: Re: Re:14 Re:

Your solution is the same as they say to rape victims, lay back and enjoy it. Perhaps the rape victim will do such a good job that the guy will give her a tip!

As for collateral damage, if the pirate apologists get hurt or have their business models hurt, I don’t think it’s a bad thing. Profiting from crime is pretty much in bad taste.

Leigh Beadon (profile) says:

Re: Re: Re:7 Re:

Sure, whatever, semantically speaking they are the “victims of piracy”

The difference is, you think that makes them weak and powerless, and that they should just resign themselves to their role as victim and wait for the friendly government to come save them.

We think that the same things causing piracy are presenting all kinds of opportunity, and that people can improve their situation much more by embracing that. We want to empower them — you want them to feel powerless.

Let’s not forget what type of “victim” we are talking about here. Say I take your view of piracy’s impact entirely: so, what? These “victims” are facing the horrible fact that they have a harder time making money doing one particular thing that they want to do. They can still try to make money at it; they can still get out of bed in the morning; they can still do whatever they please; nobody is directly preventing them from doing anything or restricting their freedom in any way. They are just the victims of one particular wrongdoing that is interfering with their business/career model, perhaps even making it impossible for them to pursue that career in the way that they are accustomed to.

Sure, with that view, they are “victims”. Seems like, as victimization goes, they are still doing pretty well — much better than the rape victims you want to hyperbolically compare them to.

So, what… they should just refuse to get out of bed in the morning until it’s all fixed? They should spend all day crying? What is your advice exactly? They should trudge around dejected, begging the government to fix everything for them? They should give up on pursuing the career they want until someone passes laws to make it easier?

Is that how you deal with it when life isn’t going your way? Just because you’re technically “in the right”, you relinquish all personal responsibility, and even personal ambition, in favour of wearing your moral correctness like a badge and waiting for someone else to make all your problems go away? Even when there are others in your situation who seem to have gotten over their “victim” status, taken personal agency, and started solving their own problems by finding creative solutions… you’d rather do nothing, and complain?

Fine. But don’t expect that to be our advice to artists. And if that’s your advice to artists, then you’re doing them a disservice, and it’s shameful.

Rikuo (profile) says:

Re: Re: Re:5 Re:

Fine then, average_joe. Tell me what content you’ve made, so I’ll know to completely ignore it if I happen to come across it. I’ll tell my friends to completely ignore it as well, and since they trust what I say, they’ll do so.
Which hurts more? Being completely unknown, at your own request, or the loss of imaginary dollars?

Anonymous Coward says:

Re: Re: Re:4 Re:

“Again, you’re imposing a moral conversation where it doesn’t belong.”

I am sorry, but that just isn’t reasonable. Since most laws have a basis in moral standards, it’s hard to separate the two. In fact, when you strip away the moral angle on almost any theft law, you lose it’s meaning, context, and point.

Eliminate the moral, and theft, murder, and everything else is acceptable. Wait, you say “murder isn’t acceptable because someone dies!”. You would be right, but you have to look at it the same way you look at piracy: You didn’t get hurt, you got what you wanted, so it’s not bad. Absent morals, you cannot measure murder as being bad if you only look at it from your side.

Murder is only wrong when you apply a moral standard to it, when you start to have empathy for others. Morals are all about not living only for one’s self.

Since most of our laws trace themselves all the way back to variations on the 10 commandments, it’s pretty hard to escape the moral side of things. You can perhaps do it in a clinical debate about technically right and wrong, but you cannot remove it from actual interactions between people.

Perhaps that hits it right there. Online, you don’t have to see the person you are stealing from. You don’t have to see the implications of your actions first hand. Perhaps it’s a bit like Ender’s Game, it’s all fun when you don’t realize actual people are dying. Remember there, they could only make it work out provided there was no moral judgement applied.

You don’t live in a moral vacuum. At least, I hope you don’t.

Rikuo (profile) says:

Re: Re: Re:9 Re:

Well, given that at no point in history has a judge said that copyright infringement equalled theft…

Given that when the Ten Commandments were written, there was no copyright, so arguing copyright now in the context of the Ten Commandments is completely useless and laughable.

And what do you mean, a copy of Moses? Would he clone Moses?

Ohh….now I see what you meant. In your haste to try and prove me wrong, you forgot one important thing: you forgot to put context around the word Moses. You forgot to say what exactly was being copied! When you’re debating someone, its important to be precise, otherwise the other guy will easily be able to pick apart what you’re saying and show you to be the fool you are.
Now, I can only presume you are talking about the Old Testament. I would presume Jesus would, in his day, want people to buy copies of the Old Testament, because in that time period, because the act of making copies was difficult back then, was a specialized skill and so it made sense to reward people for their work in copying.
Not so nowadays. Today, everyone can copy and thus saying its wrong for me to copy because you can’t make money in your copying racket is wrong.

And no, I’m not a hypocrite who hides behind their Bible. I’m not a member of any of the Abrahamic faiths (Judaism, Christianity or Islam). I gave up my faith in organized religions after studying their texts cover to cover and found them contradictory to say the least.

Anonymous Coward says:

Re: Re: Re:6 Re:

Umm, what?

rape is double covered, adultery (unmarried sex) and also “coveting” (number 10).

Slavery is the more complex one, but it goes back to item 1 or 2 on the list. Slavery by definition makes you a form of god over someone else, which is not permitted.

You do have to remember that in the time of the bible, slavery was considered a normal state of affairs. They also considered wives to be proprety. These are both moral oversights that we have managed to correct in the last couple of thousand years.

Anonymous Coward says:

Re: Re: Re:6 Re:

” We’re discussing economics.”

Yes, in the same manner that a doctor might discuss cancer in a seminar. It’s different when you HAVE cancer, though. The problem is that your discussion of economics isn’t at all attached to reality, and because you ignore reality, your discussion is theoretical and impractical.

Anonymous Coward says:

Re: Re: Re:2 Re:

An exactly copy of the copyrighted work of a creator is not you arranging bits on a hard drive in any manner you see fit. It is you deliberately copying another’s arrangement of bits on you computer for the purpose of capturing an identical copy of the unique, creative output of that creator without compensating him and in violation of his human rights and the law. Seriously, you should examine the contortions you go through to freeload and violate someone’s human rights.

Rikuo (profile) says:

Re: Re: Re:3 Re:

Okay, try this argument out.

Let’s say you have…a painting on canvas. I then bring my own canvas, paints and brushes, set them up next to your painting and (somehow) proceed to make an identical copy of your painting.
Why should I compensate you? Your work is still there, you can still use it. I have not touched your painting at all or done anything at all to it.
Now, let’s add the word “computer” to the mix. Suddenly, that’s when all hell breaks loose and copying is the greatest sin possible.

Anonymous Coward says:

Re: Re: Re:4 Re:

In making an exact duplicate (impossible in painting, but I will let you enjoy your concept) you would be violating copyright on the picture.

See, if you painted it only from memory, and painted it wrong, it would be your work. In duplication, you add nothing. Worse, later on you drop dead and your family sells your duplicate as an original, fulfilling the lie.

Don’t you think that the value of the original piece is reduced when their are duplicates?

MrWilson says:

Re: Re: Re:3 Re:

Life is a human right. Liberty is a human right.

Copyright is a government-granted monopoly.

Conflating basic human rights with the first world privilege that is copyright illustrates the problem with your priorities.

When more people have their actual human rights of life, liberty, free speech, etc. attended to, we can start talking about the “right” to stop people from copying non-exclusive, infinitely reproducible expressions of culture and art.

I hope you’re recognize and enjoy how high up you are on Maslow’s Hierarchy of Needs that this is what you have to complain about.

Chris Rhodes (profile) says:

Re: Re: Re:3 Re:

An exactly copy of the copyrighted work of a creator is not you arranging bits on a hard drive in any manner you see fit.

Um, that’s exactly what is it. Literally.

violation of his human rights

Bzzzzt, wrong. Even if I accepted IP law (which I don’t), it’s clear that the intent of granting such a monopoly in the US is about maximizing the public interest, and not about the creators’ “human rights”.

techflaws (profile) says:

Re: Re: Re: Re:

Labeling anyone who reminds you of an uncomfortable truth a “troll” says more about you than it does about them.

Falsely labeling him, who calls out certain trolls for what they are, as someone who calls anyone who disagrees with him a troll says more about you than it does about him. It’s especially ironic since you seem to be considering yourself as someone being on the moral high ground (which you’re not).

As for uncomfortable truths: obviously the majority does not care about the moral issue you guys keep whining about nor will focussing on it help anyone to stop piracy or make more money.

Chronno S. Trigger (profile) says:

Re: Re:

Economically speaking, it doesn’t matter if it’s moral or amoral. Morally speaking, it doesn’t matter if it’s legal or not. Legally speaking, it doesn’t matter if it’s right or wrong. Realistically speaking, it doesn’t matter if it’s moral, legal, or right. You see how nothing actually relates in this situation? The fact that you won’t acknowledge the fact that reality does not line up with the law any more speaks volumes about you.

Here’s where you may be getting confused. Copyright isn’t actually a right, it’s a privilege granted to you for a limited time by the people who copyright is suppose to benefit, us, the public. So when you start talking morality, you’re already off track when talking about copyright. If you want to talk morality, then it’s moral to ignore copyright because copyright itself has become amoral (wasn’t when it was created, now it is).

As for trolls, while you may bring an argument or two to the table, the people you chose to defend demonize and dehumanize themselves. They chose to come here, insult everyone indiscriminately, ignore any logic, and then leave without providing responses, logic, or evidence of their own. We don’t do that to them, we just follow the path they laid out for themselves.

Anonymous Coward says:

Re: Re: Re:

Copyright isn’t actually a right, it’s a privilege granted to you for a limited time by the people who copyright is suppose to benefit, us, the public.

Personally, I would take this a step further back and point out that copyright is a suspension of everyone else’s right to do as they please with elements of culture, that there is no inherent exclusive natural right to exclude others from copying your book or song or whatever. It is, instead, an artificial marketplace convenience founded on suspending everyone else’s natural rights.

If you want to get moral about it, copyright is a slight immorality that we all tolerate so long as copyright results in a net benefit to society.

average_joe (profile) says:

Re: Re: Re:3 Re:

Can I decide which of your rights I’ll respect, Rodent? And would it be wrong of me to violate one of your rights because I had some way of rationalizing that you really shouldn’t have right to begin with?

This is basic stuff, and you guys seem unwilling to even admit that violating other people’s rights is wrong.

Rikuo (profile) says:

Re: Re: Re:4 Re:

Joe…forget the fact your “rights” are being violated.

The discussion that is here on Techdirt day in and day out is…Copyright infringement happens, so what are you going to do to benefit from it?
We don’t care about the “MY RIGHTS IZ VIOLATED” argument. We care about being smart and working out how to benefit from it.

JMT says:

Re: Re: Re:4 Re:

“…you guys seem unwilling to even admit that violating other people’s rights is wrong.”

The discussion is only about copyright, not actualrights, which nobody has suggested be violated. You seem to think copyright is on par with fundamental human rights, but you could not be more wrong. It’s way down the pecking order, both in importance and current level of public respect.

average_joe (profile) says:

Re: Re: Re: Re:

Personally, I would take this a step further back and point out that copyright is a suspension of everyone else’s right to do as they please with elements of culture, that there is no inherent exclusive natural right to exclude others from copying your book or song or whatever. It is, instead, an artificial marketplace convenience founded on suspending everyone else’s natural rights.

If you want to get moral about it, copyright is a slight immorality that we all tolerate so long as copyright results in a net benefit to society.

Yep. Without copyright laws, people could copy as they please. But there is in fact copyright, and people cannot copy as they please. Without laws against murder, people could murder as they please. But there is in fact laws against murder, and people cannot murder as they please.

You can call the copyright rights artificial just like you can call the right to not be murdered artificial. So what? All rights are artificial.

And if copyright is something that “we all tolerate,” then why are so many people pirates? And who are you to decide for yourself that copyright doesn’t benefit society? You are only one person, and if you don’t agree with a law then tough. People don’t get to decide which laws are worth respecting and who’s rights are OK to violate.

average_joe (profile) says:

Re: Re: Re:3 Re:

I don’t think you or the others get it at all. Techdirt is right there day after day telling everyone all the apologist nonsense they need so they’ll keep on thinking that piracy is really just swell. Instead of pumping out article after article trying to explain away the wrongness of piracy, why don’t you guys start from the fundamental truth that pirates are willfully violating other people’s rights and that they shouldn’t do so because it is fundamentally wrong? But you and Mike and the others will never do that. You’ll never write even one article that doesn’t take a pro-piracy point of view, and then you’ll keep on pretending that Techdirt isn’t pro-piracy. “Pro-piracy? Not us! Never!” It’s silly and dishonest.

Anonymous Coward says:

Re: Re: Re:5 Re:

We’re not here to preach morals and ethics at people. We’re here to find practical solutions. Is that so hard for you to understand?

You’re here to preach about your moral and natural rights when such an argument suits you. Sadly for you, you’ve learned that various human rights conventions undermine your own position.

Leigh Beadon (profile) says:

Re: Re: Re:6 Re:

Personally, I fundamentally disagree with the notion of copyright as a “human right”. But that’s part of the fact that the whole concept of “human rights” has spun out of control to the point that the phrase is meaningless.

And I only bring up the moral and natural rights in response to people who insist this is a simple moral question — because it’s not. Few are. I know you’d love it to be as black and white as murder (which is not even perfectly black and white itself, as the huge variety of specific laws and variable sentences linked to it attest) but it’s not.

Anonymous Coward says:

Re: Re: Re:5 Re:

Umm, I didn’t suggest that he disproved anything of Mikes (although he has made some good arguments that Mike rarely will address directly).

I was only pointing out that Marcus quickly sunk down to the level of dismissive sniffing at a comment rather than moving forward with a discussion. It’s very Mike-like.

Beech says:

Re: Re: Re:2 Re:

Yeah, but people are allowed to question if the laws against murder, rape, pillage, piracy (high seas), piracy (high intronnetz), and jaywalking make sense. So just because “it’s a law” doesn’t mean “it is certifiably morally right no matter what.” Is jaywalking as morally repugnant to you as murder? They are both in violation of laws. What about prohibition? Was the consumption of alcohol morally wrong for the years in effect, and thereafter only morally wrong if you were under 18, and thereafter only morally wrong if you were under 21?

Mike Masnick (profile) says:

Re: Re: Re:2 Re:

Yep. Without copyright laws, people could copy as they please. But there is in fact copyright, and people cannot copy as they please. Without laws against murder, people could murder as they please. But there is in fact laws against murder, and people cannot murder as they please.

I hear this argument all the time and it makes no sense. There was a time before laws against murder and people DID NOT “murder as they please.” Why? Because people inherently realize that murder is a serious issue, and there are clear social and physical reasons why murder doesn’t happen even in the absence of laws against it.

But copyright doesn’t seem to fall into that same realm. It is an entirely made up concept. In fact, in a time before copyright, the very idea that it’s “wrong” to copy the content of someone else seems ludicrous, because *that was how culture worked*. People shared culture all the time. The only reason we *have* the stories of the ancient Greeks was because those stories were passed on from generation to generation via storytelling and sharing.

So to compare copyright to murder is simply clueless. One has nothing to do with the other. Most people do not murder because there is a law against murder. They do not murder for millions of other reasons.

And, really, that is the sole point that Leigh was trying to make, and which seems unfathomable to you: there are lots of reasons that people do things that have little to do with “it’s the law!” And arguing from a position of “it’s the law!” without being willing to actually comprehend what we’re actually talking about just makes you look silly.

There are important conversations going on here, and you’re diluting them (at this point I have to assume on purpose) because you refuse to understand that there is something different between “the law” and “why people do what they do.” Get over that and you’ll actually take a big leap forward into understanding this world.

Anonymous Coward says:

Re: Re: Re:3 Re:

“I hear this argument all the time and it makes no sense. There was a time before laws against murder and people DID NOT “murder as they please.” Why? Because people inherently realize that murder is a serious issue, and there are clear social and physical reasons why murder doesn’t happen even in the absence of laws against it.”

I suggest you go back and look at the old wild west for a while. Without suitable punishment for criminals, people getting killed was a pretty regular occurrence.

For that matter, most criminal groups who do not respect the law consider murder to be the perfect way to resolve their differences.

“So to compare copyright to murder is simply clueless.”

So to ignore reality is simply clueless (nice insult there Mike). We have seen already what has happened where there is a lack of law and order, or when people choose to ignore crime. Murder is just another tool for those who don’t respect anyone else, and don’t respect the law.

“There are important conversations going on here, and you’re diluting them (at this point I have to assume on purpose) because you refuse to understand that there is something different between “the law” and “why people do what they do.” Get over that and you’ll actually take a big leap forward into understanding this world.”

Another nasty insult! 3 for 3!

Actually, I think he gets it more than you might think. What people will do, absent the law, and what people do with a enforced law are two different things. It is important to understand that laws are often put in place that people would choose to ignore if they could (speeding and jaywalking are two very good examples), but almost everyone would understand why those laws exist.

Any discussion about piracy pretty much has to face up to the basic fact that it is against the law pretty much everywhere, pretty much all the time.

Get over that and you’ll actually take a big leap forward into understanding the REAL world.

Anonymous Coward says:

Re: Re: Re:4 Re:

“I suggest you go back and look at the old wild west for a while. Without suitable punishment for criminals, people getting killed was a pretty regular occurrence.”

Actually, this is provably false and just a by product of artistic endeavors. Namely, Hollywood created movies showing the Wild West as this “do what you want” type place with lawlessness running rampant and people being gunned down on a regular basis.

Things couldn’t be further from the truth. The Wild West happened almost immediately after the Civil War. So basically, what you had were people wanting a new life out west who had up until very recently been soldiers in what was largely the single biggest war in America at the time. What does this mean? That they knew how to look after themselves and they weren’t going to take shit from anyone.

Go do a bit of research. I won’t bother to do it for you since you’ll ignore it anyway because it’s inconvenient to your argument. But basically, getting killed (at least by someone else) was NOT a pretty regular occurrence. (Also like how you phrased that. “Getting killed was a pretty regular occurrence.” Oh hey, it is today too! What with disease, accidents, etc. being around today too. All of which do kill people. What you meant to say was “being murdered”, but again, that is still incorrect regardless of what you believe.)

And, conflating murder and copyright is clueless and just grasping at straws. Also, someone pointing out that you’re diluting conversations is in no way a “nasty insult”. Really, get over yourself.

And regardless of what you believe, laws or not, people will not run as wild as you think they will. People are inherently good and decent. There’s always going to be some who aren’t, but they aren’t as big a problem as some (like yourself) would make them out to be.

Oh, and fyi, “speeding” is an artificially created thing. Most studies done show that most speed “limits” are actually set too low to create revenue streams for those putting them in place, and that the human “clock” (I guess you could call it) actually runs a bit faster than “normal/set” speed limits. But, more importantly, to maximize safety on the road, one would have to actually INCREASE all current speed limits. With 85-90 mph being pointed out as the optimum speed, which has been proven with testing and shows that there are less accidents and deaths caused by accidents at said speeds. Of course the revenues generated by tickets at those speeds do go down, which of course isn’t in the best interest of the “public”. (And by public we mean state/federal agencies who receive said revenues from tickets.)

But finally, you’re entire argument falls back to “but but but it’s against the law”, which means you have nothing more to add to it in a meaningful way. “It’s the law” has been applied to a lot of things that weren’t inherently right, nor made them right in the eyes of many. I’d list them, but they’re pretty common knowledge by now.

The long and short of it is that the majority of people have no problem with and see no problem in copying digital items. None whatsoever. It goes back to sharing, which is something most of us are taught at an early age to do because it is good. If you can have something without depriving someone else, then that’s not a bad thing. Simple as that.

And no amount of finger wagging or “but it’s the law” is going to make people think otherwise. And attempts to curtail their rights (invade their privacy, monitor what they do online, stifle free speech with broad censorship, etc) is not going to endear them to you or your point of view. If anything it’ll make them go out of their way to give you the finger and tell you where you can stick your copyright. (Hint, it’s not where the sun shines.)

average_joe (profile) says:

Re: Re: Re:3 Re:

But copyright doesn’t seem to fall into that same realm. It is an entirely made up concept. In fact, in a time before copyright, the very idea that it’s “wrong” to copy the content of someone else seems ludicrous, because *that was how culture worked*. People shared culture all the time. The only reason we *have* the stories of the ancient Greeks was because those stories were passed on from generation to generation via storytelling and sharing.

And yet practically every single country on earth has laws against copying. If it was so inherently evil to grant copyrights, why would all these countries do so? Because there’s more to it that your oversimplified view of things. Culture has always and will always exist. Copyright adds to that culture as it incentivizes new works. I know you personally see copyright as antithetical to culture, but that is an extremist, minority view. The majority view on this planet is that not only do the two coexist, but they do so harmoniously. You tend to look at little slivers and claim that the system is broken. You need to look at the bigger picture, which includes society over a large number of years. But you never do that. I’ve seen you make arguments like “a teacher couldn’t copy a textbook and give copies to all the students, therefore copyright is not serving its purpose to promote the progree.” That argument is so narrow and so wrong, it hurts. Look at the bigger picture, which includes questioning things like whether that textbook would even exist in the first place if no one paid for it.

So to compare copyright to murder is simply clueless. One has nothing to do with the other. Most people do not murder because there is a law against murder. They do not murder for millions of other reasons.

The comparison was that if there weren’t laws against murder, then people could murder as they please. And if there weren’t laws against copying, then people could copy as they please. You can replace the word “murder” with pretty much anything that has a law against it. But to say that the laws against murder are somehow more real or important than the laws against copying doesn’t hold up. It’s because so many nations recognize the wisdom of granting authors exclusive rights that so many countries in fact do so. It’s no more made up than any other right. And history has shown that without laws against murder, people would do it frighteningly more often.

And, really, that is the sole point that Leigh was trying to make, and which seems unfathomable to you: there are lots of reasons that people do things that have little to do with “it’s the law!” And arguing from a position of “it’s the law!” without being willing to actually comprehend what we’re actually talking about just makes you look silly.

I’m pointing out that you can’t just ignore all the unpleasant parts and pretend like Techdirt is only about helping artists survive in the Golden Age of Piracy. You and Techdirt do way more than that. You’ve obviously picked sides, and it’s obviously with the pirates. You try and sweep all the moral stuff under the rug, and you downplay all the negative aspects of piracy. You demand that everyone only focus on the narrow issues you think are important. I’m merely pointing out the truth, the truth that you don’t want anyone to think about, that there’s bigger, broader things at play.

There are important conversations going on here, and you’re diluting them (at this point I have to assume on purpose) because you refuse to understand that there is something different between “the law” and “why people do what they do.” Get over that and you’ll actually take a big leap forward into understanding this world.

I’m trying to get you to talk about the important things. But every time I bring up something important and uncomfortable, like say what you personally think about copyright, you run away from the debate and stomp your feet and give all sorts of reasons why you won’t even talk about that stuff. Usually your excuse is that I’m too dumb to understand or I’m too mean, or something like that. And yet here you are directing a post to me. The fact is, you don’t mind chatting with me, but you just don’t want to chat about the hard stuff. Stop running away and actually talk this thing out. Stop pretending like unless I limit myself to your preapproved topics then that means I don’t understand the world. I understand lots. I spend hours each day pouring over nuance. You’d be surprised at what I understand.

Anonymous Coward says:

Re: Re: Re:4 Re:

“I understand lots. I spend hours each day pouring over nuance. You’d be surprised at what I understand.”

We would be surprised, because you clearly don’t understand lots, nor even simple things.

Let’s try working this through together.

Mike apparently, according to you, won’t answer your (loaded) questions. Nor will he answer ones about his personal feelings on given matters. He runs away and hides. Correct thus far?

Well, a person who understands a lot would at this point understand that Mike isn’t going to respond and quit sounding like a broken record.

Thus, contrary to your assertions, you don’t understand jack shit. : )

average_joe (profile) says:

Re: Re: Re:

Economically speaking, it doesn’t matter if it’s moral or amoral. Morally speaking, it doesn’t matter if it’s legal or not. Legally speaking, it doesn’t matter if it’s right or wrong. Realistically speaking, it doesn’t matter if it’s moral, legal, or right. You see how nothing actually relates in this situation? The fact that you won’t acknowledge the fact that reality does not line up with the law any more speaks volumes about you.

If I violate your rights, does it matter to you? The reality is that people are consciously choosing to violate other people’s rights, and only an apologist would pretending like it doesn’t matter. If it would matter to you that your rights are violated, then it should matter to you when it happens to someone else.

Here’s where you may be getting confused. Copyright isn’t actually a right, it’s a privilege granted to you for a limited time by the people who copyright is suppose to benefit, us, the public. So when you start talking morality, you’re already off track when talking about copyright. If you want to talk morality, then it’s moral to ignore copyright because copyright itself has become amoral (wasn’t when it was created, now it is).

Copyright grants its holder certain rights. Either somebody has a right or they don’t. The distinction between right and privilege is passe. You may not personally agree with copyright, but too bad for you. You don’t get to decide which rights matter and which rights don’t. I don’t get to decide which of your rights are worth respecting and you don’t get to do the same with other people’s rights. It doesn’t matter how terrible I think your right is to not be murdered, nothing gives me the right to murder you.

As for trolls, while you may bring an argument or two to the table, the people you chose to defend demonize and dehumanize themselves. They chose to come here, insult everyone indiscriminately, ignore any logic, and then leave without providing responses, logic, or evidence of their own. We don’t do that to them, we just follow the path they laid out for themselves.

Nonsense. There are many on Techdirt who are very abusive, yet they aren’t called trolls so long as they are toeing the line. It’s only when somebody has a dissenting view do you guys feel the need to label them pejoratively.

saulgoode (profile) says:

Re: Re: Re: Copyright does not grant rights to the holder

Copyright grants its holder certain rights.

What rights does copyright grant to the holder?

The right to produce copies or reproductions? No, the holder already can do that. He does not need the government to tell him that he can.

The right to make adaptations and derivative works. No, again the holder already can do that.

The right to perform or display the work publicly? Again, this isn’t a right being granted to the holder, he is permitted to perform the work as he sees fit.

None of these rights are granted to the holder by copyright law; they exist independently. What copyright law does is take away the rights of everyone else to do these things.

saulgoode (profile) says:

Re: Re: Re:3 Copyright does not grant rights to the holder

If you already have something, it is difficult to understand how it can then be given to you.

It is also difficult to understand how something can be “taken from you” and yet afterwards you still have it.

For something that is called “property”, copyrights don’t seem to share much in common with things we consider property.

Beech says:

Re: Re: Re: Re:

Again, people will pirate regardless of whether or not “Pirate Mike” starts every story with the words “Copyright infringement is a naughty naughty no-no” or not. From everything I’ve seen this site operates on the logic of, “Piracy exists. Now what?” Not “Piracy exists, but is it right or not, not that our decision on rightness or wrongness will affect anything at all ever.”

Anonymous Coward says:

Re: Re: Re:

Here’s where you may be getting confused. Copyright isn’t actually a right, it’s a privilege granted to you for a limited time by the people who copyright is suppose to benefit, us, the public.

That is simply untrue. It is a human right. Ffrom below:

“Most recently, the 1996 International Covenant on Economic, Social and Cultural Rights recognized the human right of all people to the protection of the moral and material interests derived from any scientific, literary, or artistic production of which he is the author This right is derived from the inherent dignity and worth of all members of the human family.

The human rights of artists and creators are also recognized by the Universal Declaration of Human Rights, the 1948 American Declaration of the Rights and Duties of Man; the 1988 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights; and the 1952 Convention for the Protection of Human Rights and Fundamental Freedoms In all these instances, a multitude of nations joined together to recognize the international and fundamental human rights that artists and performers have regarding their creative works. “

Richard (profile) says:

Re: Re: Re:

The reason our “why do you think piracy is wrong” AC is so insistent with his question is because Mike’s position is SO inconvenient to him.

Mike has taken a pragmatic decision not to defend piracy on moral grounds and not to argue flat out against copyright on moral grounds.

This choice enables him to engage with a larger number of people than would be possible otherwise. Keeping the debate focussed on practical issues means that it can be based on evidence possible.

The AC really hates this because it cuts his main argument from under him – so he tries constantly to return to this moral point.

Rikuo (profile) says:

Re: Re:

Wrong, as in an absolute sense of the word, wrong? As in, wrong for every possible circumstance and any possible reason, wrong?

Or maybe…you’re just a fool who refuses to see the opportunities staring him in the face. The fact that there can be good coming out of copyright infringement.
What exactly is it about copyright that you love so much? I equate what you do to a fundamentalist zealot of “Insert Religion Here”. Like them, you embrace it, adore it, and absolutely refuse to tolerate any talk that suggests it in itself may be wrong.

MrWilson says:

Re: Re:

It definitely should matter when rights are violated. Unfortunately, this isn’t always the case. In our society, “justice” goes to those who can buy it, unless there’s a fundamental paradigm and practical reality in the way. The big publishing/media companies have had their way perverting laws and buying legislation to subvert our democratic processes so now they have the Mickey Mouse Protection Act and the DMCA, amongst others. This isn’t right. It’s a direct violation of the rights of the public, in whose interest the copyright clause was written, and also a violation of the right to have representation in your government. But these rights violations are “legal” because the publishers paid for the laws and influenced the corruptible politicians who voted for them. But since we all (hopefully) know that legality does not equal morality, the law can’t be seen as an infallible guide to what is right and wrong. When copyright law becomes reasonable enough for the common citizen to respect it, then enforcing it will likewise become a more reasonable proposition. Otherwise, it’s just an argument from the wealthy corporations saying “Hey, you can’t steal from me! I stole it first fair and square!”

But worse than just copyrighted works not going into the public domain when they should, the laws pushed by these corporations have had adverse affects on people who don’t care either way about copyright duration. These laws have been used to silence free speech, which is a basic constitutional right and a natural right of human beings, which trumps the “rights” of government granted monopolies on expression. The participation of these corporations in the lobbying system perpetuates a corrupt government that no longer represents the general populace. When these corporations take their money out of Washington and start supporting legislation to bring the government back under the control of the people rather than the wealthy and the powerful special interests, I’ll be more amenable to their cries of rights violations.

average_joe (profile) says:

Re: Re: Re:

So you’re of the school that you get to decide which rights matter and which ones don’t. Can I just decide to violate your rights then? I understand that you don’t agree with the law, but I don’t understand how you get from there to the point where you’re OK with violating it. We’re talking about property rights. These people make valuable property at their own expense and then try to sell it on the market. To pretend like that violates your rights is silly. To pretend like the notion is so terrible that people are justified to violate those people’s rights is silly. And to pretend like copyright doesn’t create great works that we all love is just silly. You guys all hate copyright so much, but then your willing to break the law to get the copyrighted stuff. Don’t you see the disconnect?

Anonymous Coward says:

Re: Re: Re: Re:

I like the part where the rights of the dead are greater than the rights of those who are still alive, in the here and now.

I also like the part where those same rights seem to ignore that 2 billion people have super copying machines in their pocket.

Law nerds vs. actual nerds; I wonder which will win?

MrWilson says:

Re: Re: Re: Re:

“So you’re of the school that you get to decide which rights matter and which ones don’t.”

Everyone is entitled to their own opinion. I choose to believe that basic human rights trump first world privileges like monopolies on infinitely reproducible expressions. It’s a matter of priorities.

“We’re talking about property rights.”

No, we’re talking about copyrights, which aren’t actually rights, but rather government-granted monopolies created for the purposes of incentivizing the creation of works “to promote the progress of science and the useful arts.” The artist (or the corporation they sell their copyrights to) holding copyrights and being able to temporarily profit from their artificial exclusivity is just the mechanism by which artists are supposed to be incentivized. It’s a necessary evil for the purpose of the greater good.

“And to pretend like copyright doesn’t create great works that we all love is just silly.”

Copyright doesn’t create shit. Artists create works. Being artistic or creative doesn’t depend on the existence of copyright (ask DaVinci and Shakespeare and the cavemen who painted in what would become Lascaux, France). Art is a form of expression, of communication. People with something to express don’t remain silent just because nobody is paying them to speak. I’m not saying that artists shouldn’t be paid for their work, mind you. I’m saying art will still exist regardless of whether copyright exists, so you can’t pretend like copyright is the sole reason why the great works that we all love exist.

If you want to credit copyright for the creation of great works, then you have to blame it for the creation of terrible works also. So per Sturgeon’s revelation that, “90 percent of everything is crap,” copyright is to blame for the Spice Girls, Battlefield Earth, and American Idol. There are three very good reasons to execute copyright for supposedly causes such atrocities.

JMT says:

Re: Re: Re: Re:

“And to pretend like copyright doesn’t create great works that we all love is just silly. You guys all hate copyright so much, but then your willing to break the law to get the copyrighted stuff.”

Ugh, this sort of crap does your argument no favours. Copyright does not create content, good or bad. People create content. Copyright has absolutely no bearing on quality whatsoever, and any genuine artist would be insulted by the suggestion.

The eejit (profile) says:

Re: Re: Re: Re:

So you approve of slavery? You approve of beating your wife? And you approve of rape in the course of war?

These were all actual laws at one point or another in time. And I haven’t purchased or intentionally listened to any label music in the p[ast two years that can be legally purchased for monies over here. I’ve gone completely free where possible. Therefore, I have no disconnect and you are objectively wrong.

Anonymous Coward says:

Re: Re:

“Can I willfully violate your rights?”

As a consumer, I’ve constantly had my rights willfully violated by the content industry for quite some time. Were you this passionate when they said it’s illegal to take a legally purchased DVD and make a legal digital copy to legally placeshift? Were you this passionate when they said it’s illegal to lend a legally purchased ebook to my friend? Were you this passionate when they said it’s ok to take away the OtherOS feature from my legally purchased PlayStation long after I had already paid for it?

I am *not* trying to convey a ‘what’s good for the goose is good for the gander’ message here. All I’m saying is that it’s unfair to promote creator’s rights while the industry is willfully violating consumer’s rights. Both sides are doing ‘wrong’ to the other so it’s rather difficult to objectively pick a side here.

There are some wrongs that are more harmful than others. It’s wrong to take a mint without dropping a nickel in the charity box and it’s also wrong to take the entire charity box including all the mints and donated cash. I think this is where the disconnect between consumers and creators is. Consumers honestly believe pirates are just taking a mint and creators honestly believe pirates are taking the charity box.

average_joe (profile) says:

Re: Re: Re:

As a consumer, I’ve constantly had my rights willfully violated by the content industry for quite some time. Were you this passionate when they said it’s illegal to take a legally purchased DVD and make a legal digital copy to legally placeshift? Were you this passionate when they said it’s illegal to lend a legally purchased ebook to my friend? Were you this passionate when they said it’s ok to take away the OtherOS feature from my legally purchased PlayStation long after I had already paid for it?

That makes no sense. Your rights aren’t violated by any of those things. Piracy, on the other hand, actually does violate someone’s rights.

I am *not* trying to convey a ‘what’s good for the goose is good for the gander’ message here. All I’m saying is that it’s unfair to promote creator’s rights while the industry is willfully violating consumer’s rights. Both sides are doing ‘wrong’ to the other so it’s rather difficult to objectively pick a side here.

They’re not willfully violating consumer’s rights. You’re making that up.

Anonymous Coward says:

Re: Re: Re: Re:

http://en.wikipedia.org/wiki/Rootkit#Sony_BMG_copy_protection_rootkit_scandal

In 2005, Sony BMG published CDs with copy protection and digital rights management software called Extended Copy Protection, created by software company First 4 Internet. The software included a music player but silently installed a rootkit which limited the user’s ability to access the CD.[10]

Software engineer Mark Russinovich, who created the rootkit detection tool RootkitRevealer, discovered the rootkit on one of his computers.[1] The ensuing scandal raised the public’s awareness of rootkits.[11]

To cloak itself, the rootkit hid from the user any file starting with “$sys$”. Soon after Russinovich’s report, malware appeared which took advantage of that vulnerability of affected systems.[1]

One BBC analyst called it a “public relations nightmare.”[12] Sony BMG released patches to uninstall the rootkit, but it exposed users to an even more serious vulnerability.[13] The company eventually recalled the CDs. In the United States, a class-action lawsuit was brought against Sony BMG.[14]

The eejit (profile) says:

Re: Re: Re:7 Re:

Is justifiees piracy because the assumption is that you’re only going to buy blank media for the sole purpose of infringing copyright. It then follows that you’re paying to be able to pirate in Canada.

This is why “blank media” taxes that do not go directly to the Government and stay there are both morally reprehensible and encourage criminality.

anon says:

Re: Re: Re:

And you fall into the trap of thinking that piracy or sharing content on-line is anything like taking a physical product, again, when you are sharing on the internet you are not removing the original , it still exists, you are making a copy and there is nothing wrong with that, as long as you don’t try to sell it or make money from sharing it. Copyright should really just cover those people that are making money from others creations not those that are making a copy for themselves, this has been what copyright was all about since it’s inception, but it has been twisted and changed to such an extent that it just does not make sense any more, how can I be doing anything wrong by having my son of 4 years old sing a song and put it on youtube for his gran to watch. there is nothing wrong with that but I am sure it will be taken down.
This is why the majority of the public actually ignore the copyright laws, they are taking away fundamental rights we have. So the best thing is to ignore it , and hopefully it will not be long before it goes away, or is changed to reflect the times we are living in.

Anonymous Coward says:

Re: Re:

It’s your point of view that it’s wrong. And you know what you said about differing points of view. You could have said, “But it does matter IF it’s wrong”, rather than, “But it does matter THAT it’s wrong”. Okay, so you believe it’s wrong. That’s your point of view, your opinion, not an established fact.

average_joe (profile) says:

Re: Re: Re:

Tell me this (and no one here seems willing to answer this simple question): Can I pick and choose which of your rights I want to respect? If I decide to violate one of your rights, would it be wrong?

I think is obvious that it is wrong, and that’s the POV that Techdirt wants to sweep under the rug. This is basic Golden Rule stuff that every kindergartner understands.

Conor Murphy (profile) says:

Re: Re: Re: Re:

It is not that no one here is willing to answer your simple question – as Leigh Beadon’s initial comment, in his first sentence mentions this:

Personally I believe that, while violating the rights of creators is wrong in a very real sense, it is at least equally wrong (in a broader and, in the long run, more significant sense) to hold back the proliferation of culture and interfere with the (in my opinion) absolutely incredible potential of technology that can make all human knowledge and culture available to everyone, everywhere, all the time.

…but that you are asking a question about oranges when what is being discussed are apples. You are choosing to not see the point in the on-going discussion because you are harping on rights when it has been clearly and simply explained to you that we are not discussing rights, but the betterment of all people through the constant and free access to content.

My position ultimately doesn’t matter here, as the discussion isn’t even about personal views, you have turned yourself into someone who is beating a drum “What about the victim, what about his rights!?” now that is important, but not to this discussion. The only reason you yourself haven’t been called a troll is that you are able to in full sentences with depth of vocabulary eloquently express your view.

Anonymous Coward says:

Re: Re: Re:2 Re:

“…but that you are asking a question about oranges when what is being discussed are apples. You are choosing to not see the point in the on-going discussion because you are harping on rights when it has been clearly and simply explained to you that we are not discussing rights, but the betterment of all people through the constant and free access to content.”

You are falling for the standard Techdirt lines here. Marcus (aka Leigh) is just repeating the stuff Mike has hammered into his head. Repeating a lie sometimes makes people think it’s the truth, and apparently you are starting to accept it.

They are attempting to present you something as two choices: Wide access or copyright. They paint it as if you cannot have both. Yet, for as long as I have been on this planet (long than Marcus or Mike) I have almost always been able to have access to all the culture around me.

I could watch free TV. I could listen to free radio. I could borrow books from the library. I could go to the movies if I wanted to pay for it, or I could rent a movie (later after the VCR came around), or I could wait for the best movies to run on free TV after a point. I could read the local newspaper for a few cents a day, and so on.

There was plenty of access to culture. Some of it free now, some of it free later. I didn’t want for information, news, or entertainment.

Put simply, I didn’t have to make a choice between entertainment and copyright, because both existed and it was still fine. There was entertainment, and there is free entertainment today.

If you want to discuss the betterment of all people, you have to remember that there are two sides to the story, action / reaction.

Let’s look at something simple: In your town / city / area there are probably some homeless people. There are also some apartments for rent. Ignoring the commercial aspects (not in discussion here!), and ignoring the implication on property rights (not in discussion here!) would it not be for the betterment of all people if each of us had somewhere to live, regardless of social or economic standing?

See, when you remove the moral aspects, when you remove the rights aspect, and look solely and narrowly at the “betterment of man”, you would toss the key to the apartment to the first homeless guy you saw. It would improve his life, get him off the street, and thus improve your life and your living standard too.

You cannot discuss the implications to the landlord, because that isn’t about betterment of man. If the apartment was empty, he wasn’t making money, so he suffers no loss, right?

Well, yes, he does suffer loss. But that loss is esoteric, because it’s in “loss of potential revenue” and loss of control over his property. But since those things are only based really on moral laws, they aren’t important, are they?

“The only reason you yourself haven’t been called a troll is that you are able to in full sentences with depth of vocabulary eloquently express your view.”

So anyone who disagrees with you is a troll? How nice!

Killercool (profile) says:

Re: Re: Re:3 Re:

Sorry, but your analogy fails in one important aspect: When the apartment is in use, there is wear and tear that occur. Also, the landlord is unable to give use of that apartment to another person. So, while it would be nice to give that apartment to the first person on the street without a house, there are only so many houses to go around. That is “scarcity.”

Intangible goods (songs, videos, writings AKA ‘culture), on the other hand, experience no wear and tear, and are infinitely reproducible at original quality. CDs, DVDs, books and the like are finite and perishable, but the content is not. Unlike apples, oranges and apartments, these intangible goods can be shared among ALL people who can access them with no loss in quality and no reduction in inventory.

Anonymous Coward says:

Re: Re: Re:4 Re:

“When the apartment is in use, there is wear and tear that occur. Also, the landlord is unable to give use of that apartment to another person. So, while it would be nice to give that apartment to the first person on the street without a house, there are only so many houses to go around. That is “scarcity.””

You missed the point. Marcus is arguing from the standpoint of betterment of man, not in the broader implications. It’s a common debating trick, which is to eliminate or rule out all of the implications, and only focus narrowly on a single part of the discussion. Once you prove that single part of the discussion, you declare it good for humanity, and the rest of the discussion is apparently rendered moot.

Giving everyone a place to stay, a place to live, would certainly be for the betterment of society and the betterment of man. Narrowly taken in that single context, giving them the apartment is right. Your MORAL arguments about the losses the landlord would suffer are meaningless, because they are not part of the discussion. You are looking at the implications, and not paying attention to the betterment of mankind.

See how it works?

The debate of tangible versus intangible rests in the same tactic, ignoring 99% of things and concentrating on a single part of the process. While ones and zeros are infinite, the number of movies or music by a given artist are in fact limited, rare, and valuable in and of themselves. A director might only make a dozen movies in their career. They are RARE, not infinite. Only the very end game (duplication of the finished product) is infinite.

For the betterment of man, we want to encourage artists to make art. We don’t want to discourage art and make them work as a wage slave all their lives. Society is better when artists make art, not sweep streets. So we create a construct which allows artists to, for a certain period of time, to have a form of ownership over their work, so they can use it, sell it, transfer it, market it, or otherwise benefit from their own efforts. In doing so, we as a society help to benefit mankind by allowing these artists the luxury to do what they do best (being artists).

Now, back to the original apartment argument. The ownership of the apartment is a moral construct, not natural law. We as a society have chosen to allow for ownership of land, of space (in the case of a condo, example). We grant exclusive rights of control over that space. But if you are willing to ignore the rights of the artist granted under moral construct (copyright) then you should have no issue ignoring the property rights of the landlord.

Ahh, but you can see the problem: if the landlord does not have control of his property and cannot profit from it, he is unlikely to want to build anything else that he cannot control. People would not pay big money to own a home if they could not in fact own it. Constructors would not build homes if they could not sell them to others.

Think about it. Understand that there are two things always in play here, which is that our laws are almost always constructs, not natural law, and that the implictions and the context of actions means there is always a reaction, an implication, or a broader situation to look at.

Rikuo (profile) says:

Re: Re: Re:5 Re:

“We don’t want to discourage art and make them work as a wage slave all their lives. Society is better when artists make art, not sweep streets. “

I’m an artist and a wage slave, but I don’t go crying to the government for a welfare fund just for me, so I can do something once in my life and then retire on that for the rest of my life (I’m looking at you Harper Lee!)

Anonymous Coward says:

Re: Re: Re:6 Re:

“I’m an artist and a wage slave, but I don’t go crying to the government for a welfare fund just for me, so I can do something once in my life and then retire on that for the rest of my life (I’m looking at you Harper Lee!)”

Nobody wants welfare, where the heck do you get that idea? Stop with the extremism already.

If you are a great artist, don’t you think it would be better that you didn’t have to wage slave all day? Wouldn’t the world be better for your art, rather than your Japanese effecient paper pushing and form stamping?

Wouldn’t be better to live in a place where, as you produce art, you can work to sell and distribute it in a manner that would let you make enough money to do it all again, free of the wage slave life you currently live?

No welfare, but a way for many people to pay a small amount of money to enjoy your art?

Richard (profile) says:

Re: Re: Re:7 Re:

Wouldn’t be better to live in a place where, as you produce art, you can work to sell and distribute it in a manner that would let you make enough money to do it all again, free of the wage slave life you currently live?

No welfare, but a way for many people to pay a small amount of money to enjoy your art?

Unfortunately your mechanism for “many people to pay a small amount” now requires a police state and/or crippled technology to enforce it.

I don’t want either so we have to find another way – sorry about that.

JMT says:

Re: Re: Re: Re:

“Can I pick and choose which of your rights I want to respect?”

Of course you can! Watch me do it: I respect your fundamental human rights. I do not respect the artificial construct of your copyright. See how easy it is?

“If I decide to violate one of your rights, would it be wrong?”

Depends which one. What’s your choice?

Karl (profile) says:

Re: Re:

But it does matter that it’s wrong.

Except, of course, that it’s not wrong.

What is protected by copyright is expression – in a more abstract sense, culture. When people share culture – legally or not – they are doing something that is good. Non-commercial piracy is morally no different than checking out a book from the public library. And checking out books from the library can never morally bad. Even if the library acquired a used copy and didn’t pay the publisher; even if the author didn’t want the book in the library in the first place; even if Congress made libraries illegal.

Piracy is certainly unlawful. Stopping it may be necessary (and in commercial cases, it absolutely is, IMO). But it is certainly not morally wrong. When stopping piracy is necessary, it is a necessary evil.

It was even phrased as such by Congress: “The granting of such exclusive rights [copyrights] under the proper terms and conditions, cofers a benefit upon the public that outweighs the evils of the temporary monopoly.”

…The catch is that moral debates like this are pointless. No matter who wins this debate, there will be billions of people around the planet who believe that it is not immoral in the least, and more laws or harsher penalties will never convince them otherwise.

So, if you’re a content creator, the practical thing to do – the thing that they must do, if they want to operate as a business in a free market – is figure out ways to convince these people to do business with you.

That’s why this is the focus of Techdirt.

Also, you need to get off of the fact that it’s “violating rights.” Copyright is a legal right, not a moral one. It exists merely because the public (through congress) will it to be so – and they grant it for their own interests, not copyright holders’.

Unlike, say, the right of free speech, or the right to due process – things which are not granted by the government. If the government takes those things away (even if they do it lawfully), then the government is violating your rights. On the other hand, if the government eliminated copyright altogether, nobody’s rights would be violated – they would simply cease to exist at all.

Greevar (profile) says:

Re: Re:

Piracy is not morally wrong. It really isn’t. It’s false perceptions of entitlement to property and delusional beliefs in property rights on the part of “creators” that makes the act called “piracy” a problem. It’s only a problem, because they make it a problem. They could do things differently that would render the act of “piracy” neutral in effect on their business; they might even be able to use file sharing as a tool to expand their mind share. What’s really wrong here is the idea that a law can grant the power to censor speech.

Let me clarify that a bit. Art, all art, is speech. Furthermore, everything that happens on the internet is communication, thus it is speech. Copyright restricts the distribution of that speech. Ergo, copyright censors speech. Art is not property, it isn’t even a product. Art is communication. At best, art is a service.

You claim people are copying something that you feel they should be paying for and that the taking of it is morally wrong. You think they shouldn’t have it if they don’t pay for it. You think they are wrong to copy it. Your whole moral position relies on the idea that it’s the author’s property and we Americans have a deeply ingrained attachment to the idea of property rights. You think these people are violating property they should be paying for. Why? It’s not really property.

If you really want to take the idea of property to its literal ends with art (i.e. speech), then you’re forgetting all the prior speech that’s bound up in every single piece of art in existence. Everyone’s “property” is composed of the “property” of many other people built up over thousands of years. The very making of new works violates the colloquial definition of property of all art before it. How do you reconcile your own property rights, as you see them, in a new work without the inevitable violation of prior properties? You can’t. It’s impossible to form new works (thus new “properties”) without making use of prior properties that violate the rights of those other property holders. Art does not exist in discrete little boxes completely disparate from each other. They overlap, share, and borrow from each other, all of them, simultaneously.

However, this can all be easily solved by coming to realize that nobody can violate your free will. You can choose not to create and therefore, your willingness to create can be bought, if you so wish it. No one can acquire works you don’t create and if you secure fair compensation for the work you do, it doesn’t matter one way or another where that work gets distributed. This way, you’re not relying on laws and moral authority to ensure you get compensated for your labor, you’re selling the labor directly instead of selling the infinitely replicable information that is so easy to transmit. Now, your work isn’t your “product”, it’s actually your best marketing tool. Laws and morality become irrelevant to your business.

You may be a dissenter, but you are an ignorant one that doesn’t understand the nature of communication, the massive importance of unrestricted access to works, and the many alternate methods to monetize art that are completely independent of the need for copyright. Drop the ownership of the results and sell the effort instead. That will solve all problems with “piracy”. You have options, you just refuse to see or take advantage of them. That does not constitute any wrong doing on our part. Don’t blame us for your shortcomings and lack of vision.

Anonymous Coward says:

Re: Re: Re:

“Let me clarify that a bit. Art, all art, is speech. Furthermore, everything that happens on the internet is communication, thus it is speech. Copyright restricts the distribution of that speech. Ergo, copyright censors speech. Art is not property, it isn’t even a product. Art is communication. At best, art is a service.”

That is more tortured logic than the old Monty Python Duck / Witch scene. Wow.

You are all over the road mixing the meaning of free and free speech and forgetting that the two don’t interchange freely. Freedom of speech does not directly imply that all of your speech (or art, or music) is immediately in the public domain. Your free speech rights don’t include the right to copy the works of others, plain and simple. In the same manner that your liberty of movement or right to assemble doesn’t mean you can move into my house or have a meeting of Misreaders Anonymous in my living room.

We as a society award those who create new work with certainly rights and privileged under law, stemming in the US from the constitution. You know, that document you keep pointing to without fully understanding.

Ignorance is reading your own meaning into something that just doesn’t jive with what is actually there, what the laws say, what the courts say, and so on. Don’t blame us for your shortcomings and lack of understanding.

Anonymous Coward says:

“First up, there’s an anonymous comment yet again underlining the fact that focusing on morals is missing the point:”

Let me make it clear down here, in case it gets lost in the rest:

If you only focus on what technology allows, without considering the moral implications, you will almost always be wrong or hurting someone.

You can go investigate the implications of a certain medical technology that goes by the street name “roofies”. On a purely technical level, it is a technology or product that allows you to do so many more things than without it. But there are moral issues with it, and thus it is illegal.

You cannot escape moral questions just by saying they are not relevant. In piracy, morals aren’t relevant to you because you are 100% gaining without loss. So of course, from your stand point any discussion of morals is wrong because then you would have to actually consider the effects of your actions.

Would you walk into George Lukas’s house, walk up to his (giant) computer, and knock off a copy of the star wars movies to your hard drive and walk away without considering his opinion? Would you have no moral qualms about doing it in front of him?

Oh wait… there is no discussion of morals here, because you don’t have to face people. The internet lets you hide, so you can ignore the moral implications.

Nice!

Anonymous Coward says:

I spent the day talking to dozens of odious piracy apologists today in Leesburg. One thing no one had an answer for is why despite the fact that creator’s rights (ie copyright) is in almost every international human rights convention- the discussion has turned away from it and this universally acknowledged human right has been subjugated to the so-called right to freeload.

Most recently, the 1996 International Covenant on Economic, Social and Cultural Rights recognized the human right of all people to the protection of the moral and material interests derived from any scientific, literary, or artistic production of which he is the author This right is derived from the inherent dignity and worth of all members of the human family.

The human rights of artists and creators are also recognized by the Universal Declaration of Human Rights, the 1948 American Declaration of the Rights and Duties of Man; the 1988 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights; and the 1952 Convention for the Protection of Human Rights and Fundamental Freedoms In all these instances, a multitude of nations joined together to recognize the international and fundamental human rights that artists and performers have regarding their creative works.

So for all of this talk of natural law, freeloading, sharing, censorship, blah, blah, blah- it is only the creators rights that have time and again been truly affirmed as a universal human right.

So you piracy apologists who think you occupy some moral high ground are simply delusional. Creators rights have been codified as a human right, not your right to access that content without compensating the lawful owner.

Anonymous Coward says:

Re: Re: Re:

Government grants no monopolies on books, movies, songs or software in aggregate. Go create your own. It is not a monopoly if tens of millions of songs, movies, books or games are out there competing for you entertainment dollar is it? Just like the market for pants, a pair of Levis 501’s competes with Lee Wranglers.

gnudist says:

Re: Re: Re:3 Re:

Where did I say there is an apple monopoly? The barrier to entry would be if the goverment declared an “growerright” where only one company(and it’s licensees) could grow and sell fruits that match the “apple” pattern or engineered fruits close enough to apples to be infringing on the growerright.

Anonymous Coward says:

Re: Re: Re:4 Re:

Where did I say there is an apple monopoly?

Isn’t that what you said in you comment right above this one?

I don’t think you know what a monopoly actually is, you spend too much time listening to Masnick who doesn’t know either. From our friends at Wikipedia:

“A monopoly (from Greek monos μόνος (alone or single) + polein πωλεῖν (to sell)) exists when a specific person or enterprise is the only supplier of a particular commodity (this contrasts with a monopsony which relates to a single entity’s control of a market to purchase a good or service, and with oligopoly which consists of a few entities dominating an industry).[1] Monopolies are thus characterized by a lack of economic competition to produce the good or service and a lack of viable substitute goods.[2] The verb “monopolize” refers to the process by which a company gains the ability to raise prices or exclude competitors. In economics, a monopoly is a single seller. In law, a monopoly is business entity that has significant market power, that is, the power, to charge high prices.[3] Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry (or market).[4]
A monopoly is distinguished from a monopsony, in which there is only one buyer of a product or service ; a monopoly may also have monopsony control of a sector of a market. Likewise, a monopoly should be distinguished from a cartel (a form of oligopoly), in which several providers act together to coordinate services, prices or sale of goods. Monopolies, monopsonies and oligopolies are all situations such that one or a few of the entities have market power and therefore interact with their customers (monopoly), suppliers (monopsony) and the other companies (oligopoly) in a game theoretic manner ? meaning that expectations about their behavior affects other players’ choice of strategy and vice versa. This is to be contrasted with the model of perfect competition in which companies are “price takers” and do not have market power.”

Please explain how the term “monopoly” apples in this context.

Anonymous Coward says:

Re: Re: Re:3 Re:

Then in your world there is a monopoly on Shell gasoline, BP gasoline, Exxon gasoline, etc.

It’s all gasoline and interchangeable. No one needs to have Shell gasoline exclusively. If it’s preferred but not available you can fill up at BP. However in the entertainment world opportunities for substitute are massively greater by a factor of millions. So I call bullshit on the monopoly.

Anonymous Coward says:

Re: Re: Re:6 Re:

Whether it’s covered by any IP law is irrelevant to the point.

The point is that it’s someone else’s creative output that came up with pizza and you copy that creative output and yet most would still call that “making your own pizza”

Also, the idea for pizza did not come from the person who’s selling that cookbook and they did not ask permission. Plus, recipes aren’t covered by copyrigth so you clould share it with all uour friends(and again, most would call it making your own)

Anonymous Coward says:

Re: Re: Re:4 Re:

Copying is not making or creating. Time and again the right of creators has been declared as a human right allowing them to profit from their own creativity. There’s no corollary human right for copying or sharing. Read the human rights declarations cited above. I get that you don’t like it but it is a longstanding human right.

Mike Masnick (profile) says:

Re: Re:

I spent the day talking to dozens of odious piracy apologists today in Leesburg. One thing no one had an answer for is why despite the fact that creator’s rights (ie copyright) is in almost every international human rights convention- the discussion has turned away from it and this universally acknowledged human right has been subjugated to the so-called right to freeload.

I would imagine that it’s because you phrased it in such a stupid and meaningless manner, that befits those who ask if you have stopped beating your wife.

The very fact that you think that anyone is arguing for a “right to freeload” shows that you do not deserve to be a part of this debate, because you do not understand the very basics of what is up for discussion.

Anyway, who paid for you to be at the TPP discussions today?

That One Guy (profile) says:

Re: Re: Re: Re:

Considering this

‘I spent the day talking to dozens of odious piracy apologists today in Leesburg.’

… is the very first line in the post he’s replying to, I’d say it’s just returning the favor.

Civil discussions are certainly to be desired, but when the other person has made it clear from the get-go that they’re not interested in holding one, and would much rather use insults, ad-homs and straw-man arguments instead, then there’s no point in taking them seriously or treating them as anything other than a troll looking to provoke a response.

The eejit (profile) says:

Re: Re: Re:2 Re:

Not always. There’s a genuine discussion here. However, your insistence that it is morally wrong, even if there is no-one willing to sell in a market, is not only asinine, but it’s also bad business practice. If you’re not capitalizing on every market, then you aren’t performing to the best of your market’s sustainability.

That fact that there are a small minority who insist that there is nothing but “piracy apologism”, with such eloquent quotes as “fuck off and die, you lying sack of shit”, adds nothing to the debate.

Let me assure you, there could have been a place for progressive IP laws. But that is not what’s going on the the US and UK – you get treated worse for copyright infringement than you do for rape and grievous bodily harm. That’s for linking to supposedly infringing content which has not been proven in a court of law without tainted evidence.

For someone who insists that the rule of law is above all, you sure seem to have no concept of the history of IP, and copyrights in particular, where that laws always seem to be inadequate for a small minority who employ proven fraudsters, embezzlers and perjurers.

Anonymous Coward says:

Re: Re: Re:

I would imagine that it’s because you phrased it in such a stupid and meaningless manner, that befits those who ask if you have stopped beating your wife.

Remarkably, most of people I talked to were even more misinformed than you and your fellow Techdirtbags on some very basic facts. I mean like repeating myths about SOPA as facts. Really lame Freeloader 101 stuff. it was quite surprising actually.

The very fact that you think that anyone is arguing for a “right to freeload” shows that you do not deserve to be a part of this debate, because you do not understand the very basics of what is up for discussion.

Few people failed to acknowledge that the overarching effect of their specious objections is rampant, uncontrolled freeloading. And no one had an answer for the justification of violating the human rights of creators that their position implied. All-in-all, it was very satisfying to watch them flop around looking for moral justification to ignore a longstanding human right that has been well established by any number of human rights convention.

Anyway, who paid for you to be at the TPP discussions today?

I didn’t handle the details, but I’m pretty sure it was free. If the number and level of impact of the opponents inside and the embarrassingly feckless protest outside is any gauge, I’d say the opposition is in trouble. A Wyden surrogate showed up, but neither he nor Issa bothered to stop by which tells me they must have had something better to do. Maybe they were busy trying to get someone else to sign their letter.

explicit coward (profile) says:

Re: Re:

So, you mean that devaluing a human rights convention by adding stuff that does not belong in there gives YOU copyright maximalist the moral high ground??

You may have enough money to buy laws, you may be wealthy enough to codify your beliefs into the humanly most valued charters, but despite your financial power, despite your propaganda-machinery, you will not succeed in eradicating one simple thought:

Sharing is good.

It’s how we learn. It’s how we evolve. It’s how we got from stone to digital age. Putting a fee on the sharing and calling the fee a human right gains you no sympathy, no understanding and absolutely no moral superiority.

Greevar (profile) says:

Re: Solution

The truth is, “piracy” is actually good. The act is actually the dissemination of knowledge and culture to the masses in a fast and efficient manner which can maximize the information’s utility to human progress. The more information and culture we have access to, the faster we grow. Think of your brain as a tool box and information is a tool. The more information you have, the more tools you have at your disposal, thus you can accomplish more with the greater variety of tools available to you. Piracy has a positive impact on human culture and knowledge because of greater exposure. Greater exposure means faster catalyzation of knowledge. Copyright is actually a barrier to this.

Cybersteel (profile) says:

Re: Re: Re:

The internet is essentially contains almost all of Human’s knowledge and consciousness. The collective consciousness of the entire species.

One may dare to propose one day that the internet itself may advance far enough to allow the minds of humanity to be directly linked to one another, a sort of hive mind.

The term piracy would probably no longer exist.

Digitari says:

Morals

Morals are subjective, not objective….

if Morals come into play, why would someone that has not created anything have the Moral “right” to buy that concpet??

also if it’s all about Morals, what about speeding, that is also immoral, yet what happens if you are running late to work?

If Morals are important how can STAR WARS not be profitable if the math is done “Morally”.

If it’s all about Morals why is there a casting couch mythos??

why did some musicians die pennyless if IP is so moral??

what is the Moral division of “profits”?

see how slippery it gets when one speaks of “Morals” and IP

(and doing so with a straight face is called “Gall”)

Mesonoxian Eve (profile) says:

Can I willfully violate your rights?
Yep, by passing laws to take them away from me.

It’s 2012, and *NEVER* before has there ever been such an opportunity for those who clamor about rights to sue me for having an *IDEA* than ever before.

Any time someone makes something new and refreshing, there’s a line longer than unemployment to sue them for it.

Three things changed this for the worse:
-The 1976 copyright law change. By opening up copyright as an “automatic”, abuse has skyrocketed to immeasurable percentages.

-The 1997 DMCA provision, which puts the “automatic” power to take down “infringement” by allegation. If those who are found to take down inappropriately, there is no punishment for them. The “damage award” is limited to $1500, which doesn’t even cover lawyer fees.

-The 2011/12 SOPA bill, despite failing, has shown there’s more to these bills than “protection”, such as Dodd’s statement about money and who it goes to (not those who can’t pass the bill, of course). It shows these lobbying efforts are about control.

Control to keep me from making new works and not a thing about infringing.

Thank you for screwing up my chances of earning a living by supporting these issues.

Anonymous Coward says:

Re:

“We think that the same things causing piracy are presenting all kinds of opportunity, and that people can improve their situation much more by embracing that. We want to empower them — you want them to feel powerless.”

Actually, I want them empowered to stand up for their rights. You seem to want them cowed into doing business your way, at about 1% of the income, because it somehow makes you feel better about pirating stuff and lifting samples without giving credit.

” in favour of wearing your moral correctness like a badge and waiting for someone else to make all your problems go away? “

No, but I think this statement reveals a lot about you. When you have some moral fiber and some character, you don’t run away from your beliefs the first time there is a little bad weather. Your suggests are all about giving up what you believe, because it’s “easier” not to fight.

” you’d rather do nothing, and complain?”

Strawman! First, it’s not “I” who will do anything one way or the other. But I think that it’s really very sad that you feel that the other side of the debate offers up nothing. It also means it’s very hard to have much of a discussion if you keep trying to put anyone that opposed you into a very small corner, calling them unmotivated and uninterested in advancing. Just because I don’t think it’s good to go down the path you are pointing at (rabidly, I might add), doesn’t mean that I don’t think there are directions to go.

The difference, perhaps, is that I understand that a truly big business with a lot of moving parts isn’t going to change direction on a dime, especially when the direction you are pointing appears to be “give it away and pray” or “do something else other than sell your product”.

Piracy actually makes it harder for those businesses to change direction, because anything that goes even somewhat in that direction goes against their best interests, at least from what they can see. It’s extremely hard to make the case you are making to money people while keeping a straight face. They will be laughing you out of the room.

The advice to artists is more about using the tools AT THEIR DISCRETION. What truly sucks is a bunch of “fans” feel they know what is better, and have forced the choice onto the artists, like it or not. They have chosen to toss the artist business model out the window for them, and forced them to give away everything they do for free, for the chance (and only the chance) to maybe sell some concert tickets or swag. It’s sad as hell that the “fans” don’t have enough respect for their favorite artists to respect their choices.

Then again, I don’t really expect anything that has to do with respect from you on this subject. You seem to think everyone else’s hard work is just a nice little ledge to stand on and look big. That too is pretty sad.

Richard (profile) says:

Re:

“you are actually taking something that isn’t available in your area at all”

Impossible: If it isn’t available, it can’t be taken…

Reminds me of the old joke about the philosophy professor on Oxford station.

He sees a that a fast train to London has just stopped at a signal at the end of the platform. He opens the door. A railway offical shouts out to him “Excuse me sir – that train doesn’t stop here!” calmly he gets on and shuts the door – as he does this he replies “and I’m not getting on it!”

average_joe (profile) says:

Re:

We’re not here to preach morals and ethics at people. We’re here to find practical solutions. Is that so hard for you to understand?

Clearly Techdirt does a lot more than just help people find practical solutions. Techdirt has clearly taken an extreme position in the copyright wars. There’s article after article where anything pro-copyright is derided, where the victims of infringement are blamed for what the pirates consciously decide to do to them, where anybody who dares to say or think anything positive about copyright is torn to pieces, where the pirates who get caught are always defending to the bitter end no matter what, where even the thought of any new law changing copyright or providing rightholders with any kind of new enforcement mechanism is torn apart, etc.

For you to pretend that the only thing Techdirt does is help people find solutions is disingenuous. Techdirt is the go-to place for hardcore, extremist anti-copyright propaganda. Give me a break with the stupid “we’re only trying to help people” argument. It’s sad.

average_joe (profile) says:

Re:

Why do you put the word victim in scare quotes. If somebody is having their rights willfully and purposefully violated by another person, then they are a victim. You can try and spin it all you want, but it really is that black and white. Techdirt tries to gloss over this simple fact, but the fact remains. Don’t get mad at me for pointing out the obvious.

Stop blaming the victims, and start blaming the only side that is to blame for piracy–the pirates. I’ll win the moral every single time. That’s why you guys don’t want to have it. When you take works that are for sale without paying for them, you are hurting the victims and you are violating their rights. Just admit that much and start from there.

Are there other business models out there? Sure. If your alternative models are so great, more people would be using them. Maybe one day everyone will. But until then, stop pretending like people following the business model where they sell the product that other people value (crazy!) are actually doing anything wrong. They aren’t. The only ones doing anything wrong are the ones that violate other people’s rights. It’s really that simple.

Richard (profile) says:

Re:

Clearly Techdirt does a lot more than just help people find practical solutions. Techdirt has clearly taken an extreme position in the copyright wars.

Extremes are relative. Ever considered the possibility that your opinions may be extreme in the opposite direction?

There’s article after article where anything pro-copyright is derided,

It isn’t derided because it is pro-copyright. Look and the articles in question and you will see that there are always reasons.

These include ( but are not limited to)

1 Bald assertions without evidence.

2 Manufactured evidence.

3 Blind appeals to authority.

4 Attempts to re-write history

etc etc

Come up with some actual good arguments or real evidence and you won’t be derided here.

average_joe (profile) says:

Re:

Thing is, for morals to even be valid they must be respectable values. “ip” has failed this fundamental test.

It fails that test yet practically every nation on earth recognizes it and grants rights for it. You’re living in a dream world that doesn’t exist. You may not respect IP, but that’s clearly not the majority view. And let me guess, you have no problem with deciding for themselves which rights are important and which are not. Am I right? Can I decide which of your rights are important and which ones I want to violate? This stuff isn’t hard. If you read Techdirt too much you’ll be spoonfed all sorts of apologist propaganda, but at the end of the day it comes down to whether you decide for yourself to violate the law and the violate other people’s rights. Sadly, many of Mike’s devout followers have no problem with deciding to violate other people’s rights. Mike gives you guys all sorts of excuses to hang your hats on. That’s his fundamental purpose in life, as far as I can tell.

Leigh Beadon (profile) says:

Re:

Are there other business models out there? Sure.

Very kind of you to tip your head to their legitimacy for once — and yet, you refuse to actually talk about them. Instead, you hijack every post into an argument about the morals of piracy. You may notice that this is exactly my point here, and it’s exactly what makes you a troll.

You really think being a victim is black and white? There are a lot of things to be a victim of, and I’d certainly choose some over others.

Richard (profile) says:

Re:

And yet practically every single country on earth has laws against copying. If it was so inherently evil to grant copyrights, why would all these countries do so?

Because these countries all copied each other – and copying is such an innate human instinct!

Actually in immediate response to the invention of the printing press almost every country in the world put in place a system of government censorship.

Copyright is the bastard child of those systems – go read the history properly. (Hint you need to look at what happened before the US existed – the US simply copied existing British law).

In summary it was convenient for the government to privatise the majority of the censorship function and thus an interest group (the publishers) was created. That interest group has lobbied for more and stricter copyright law for over 300 years – what we see worldwide is just the outcome of that process.

Anonymous Coward says:

Re:

See, violating my “rights” isn’t a big deal if I’m not actually harmed. “Rights” should only be a hard and fast rule when there is harm involved.

I’m harmed if someone who can’t afford a car steals mine, I’m not harmed if someone who can’t afford my software pirates it.

As for respect, I’m talking about respect among people not geverments. Goverments do not decide morality and you cannot have a moral rule that such a large chuck of people don’t hold to and that they cannot be forced to stick to under a resonable scope of enforcement.(as in, enforcement without police states and overbearing regulations)

average_joe (profile) says:

Re:

Very kind of you to tip your head to their legitimacy for once — and yet, you refuse to actually talk about them. Instead, you hijack every post into an argument about the morals of piracy. You may notice that this is exactly my point here, and it’s exactly what makes you a troll.

If you have a business model that works for some people. Great. Good for you and good for them. It’s the expecting that everyone else should use your alternative models where the problem begins. Prove to the world that your way is better. Nothing is stopping you from doing this. Copyright doesn’t prohibit artists from giving their works away if they want to. If your way is better, others will follow. But until you get the world on your side, don’t be so angry at the world for choosing a different path. And don’t be angry at artists who choose to exercise their marketable right. And please stop pretending like the marketable right that copyright provides doesn’t bring lots of great works into the world. It clearly does. Even most of the books that Techdirt uses in its book club are the product of the copyright business model. You guys can’t even find more than a couple books published under your alternative models. That should tell you something about your models.

You really think being a victim is black and white? There are a lot of things to be a victim of, and I’d certainly choose some over others.

If a pirate chooses to violate someone’s rights, then that someone is a victim. And only the pirate is to blame. Everything taught on Techdirt to the contrary is pirate-apologism. It’s really that simple. I couldn’t care less if you want to show people a route that you think is better. It’s when you are so condescending and closed-minded to anyone that doesn’t take your alternate route that the apologism kicks in. Techdirt is all about pirate-apologism. Day after day, post after post, copyright is torn to pieces and the virtues of piracy are defended and extolled. Rightholders who dare exercise their rights are mocked and belittled. Don’t pretend even for one second that that’s not the case. You can try and pretend like morality doesn’t play into it, but the fact remains that Techdirt has taken the side of the pirates, and the pirates are amorally violating other people’s rights. Considering the fact that you’ve chosen the amoral side of the argument, the fact that you don’t want to talk about the morals isn’t at all surprising.

average_joe (profile) says:

Re:

See, violating my “rights” isn’t a big deal if I’m not actually harmed. “Rights” should only be a hard and fast rule when there is harm involved.

So if I decide that you aren’t really harmed, can I violate your rights? And what if the harm is indirect and hard to prove? Does that mean I’m doubly justified to just violate away? Just because you don’t see the harm doesn’t mean that you get to unilaterally decide that someone else’s rights are properly violated. What makes you the arbiter of other people’s harms? It doesn’t work that way. This is basic Being a Human Being 101 stuff. I know the Gospel according to Masnick doesn’t teach this stuff, but even children know it’s wrong to violate other people’s rights–even if the harm isn’t readily apparent. Or even if there’s no harm at all. If I trespass across your yard, you can sue me for nominal damages, even if I cause no actual harm. That’s how property rights work.

Anonymous Coward says:

Re:

Thing is “rights” are entirely abitrary.

Children only know “rights” based on what the civilisation around them says. Like countries where “rights” don’t even apply to women and thus the children are ok with doing thnigs that to you would be a violation of a woman’s rights.

And geuss what, if I tell my children that they have a “human right” to copy they’ll see copyright law as a violation of that right.

Gwiz (profile) says:

Re:

You may not respect IP, but that’s clearly not the majority view.

Umm, not all that clear. Remember SOPA? When the people made their voices heard concerning copyright and the web?

And let me guess, you have no problem with deciding for themselves which rights are important and which are not.

I have no problems when it’s the majority of the people deciding. That’s what a representative government is supposed to be about. To represent the will of the people. That got lost somewhere near K Street as far as I can tell.

I’ve seen a couple of your comments on this page basically saying that “we can’t have people deciding which laws are good or not”. Who do you suggest should make our laws? Corporations? The government itself? Or are you referring only to lowly non-lawyers when you speak of “people”?

Leigh Beadon (profile) says:

Re:

Yes. You’ve made your point. The same point, over and over and over and over and over again. Are you done now? We don’t agree, and we have all sorts of things we want to cover and talk about here. You just want to have one headbutting argument over and over again. It’s obsessive, and childish. I don’t spend all day commenting on the Trichordist and Copysense — what could possibly motivate you to stick around? Just a sick need to disrupt conversation, and an insecure inability to accept that there are people out there who don’t see things your way.

average_joe (profile) says:

Re:

Thing is “rights” are entirely abitrary.

Funny thing is, some of the rights that we value the most are arbitrary. I’m thinking of the implied fundamental liberty rights that the Supreme Court has identified in its line of substantive due process cases. These are fundamental rights like the right to marry and the right to privacy. Talk about arbitrary. One word in the Constitution, “liberty,” has been interpreted to imply a host of fundamental rights.

But copyright is anything but arbitrary. It’s mentioned in the Constitution directly, and then Congress has spelled it out explicitly in the Copyright Act. It’s anything but arbitrary.

Richard (profile) says:

Re:

know you personally see copyright as antithetical to culture, but that is an extremist, minority view.

Amongst those who chatter in the MSM that may be true – however I have observed that whenever these issues come up in a popular public forum (and I’m talking Daily Telegraph, Daily Mail, BBC here) the weight of the “recommended” comments always seems to veer towards this allegedly “extremist” position.

Anonymous Coward says:

Re:

Very well then, this site makes it a point of noting the success certain individuals have achieved embracing the economics of “free”. It has been noted, however, that such business models do not easily translate over to other industries such as software (other than, perhaps, open source and the like). What say you to all those companies, big and small, whose livelihood depends upon the creation and sale of such software? Some specific ideas, please.

average_joe (profile) says:

Re:

Can you answer a couple questions?

1. Do you agree that if someone violates your rights, then that someone has acted immorally? If not, then which of your rights is it moral to violate?

2. Do you agree that Techdirt is about A LOT more than just helping artists out in the digital age? Do you agree that Techdirt has thrust itself into the copyright wars?

Anonymous Coward says:

Re:

Funny you mention the constitution since copyright is an *optional* power given to congress and not a rule goverment must follow like not passing laws regarding relegion.

And it mandates that any copyrights/patents are only granted for limited times. It’s clearly intended that works become freely copyable at some point and not some inalienable moral property right.

Anonymous Coward says:

Re:

It is in a way disappointing that so little has been researched about the use of the term “secure” in the enabling Article 8 power entrusted to Congress. Many seem inclined to equate it with “grant”, monopoly, privilege, etc.”. Maybe they are correct, but then again many notable scholars of history and law have come to diametrically opposite conclusions. References to Wheaton v. Peters and its progeny are interesting, but their analysis presupposes that copyrights are a “grant, etc., etc.”, which does not necessarily prove the case. An intellectually honest discussion would attempt to impartially examine the term “secure”, for at least one plausible interpretation is that it pertains to an already existing right.

Leigh Beadon (profile) says:

Re:

1. Do you agree that if someone violates your rights, then that someone has acted immorally? If not, then which of your rights is it moral to violate?

To some degree, they have. But I don’t see moral/immoral as a black and white thing. There are lots of instances of piracy that I don’t think are immoral at all. It’s technically immoral for me to break the law by jaywalking, if you subscribe to the view that all violations of written law are immoral, but I don’t consider myself immoral for doing so. Morals and ethics are very, very subjective things — hell, the classic thought experiment is: is it okay to steal bread to feed your starving family? People can debate that one for centuries and there will never be a conclusive “answer” to the question. So I find it silly, reductive and disingenuous to attempt to treat piracy as some sort of absolute moral wrong on par with murder or rape. It’s simply not. And analogizing them makes you look ridiculous.

2. Do you agree that Techdirt is about A LOT more than just helping artists out in the digital age? Do you agree that Techdirt has thrust itself into the copyright wars?

Yeah, sure. We discuss lots of stuff. But it all stems from a fundamental mission to find sustainable business models and support open innovation. And yes, it also stems from some fundamental views about the purpose and efficacy of intellectual property laws, as well as the way culture actually works — and yes, that has certain moral implications. The issue is your inability to do anything other than debate that fundamental philosophy, and drag every discussion back to that. If you are THAT diametrically opposed to every single pillar in the foundation of our philosophy here, I have no idea why you waste so much time debating us… except, once again, insecurity, and a childish desire to disrupt.

average_joe (profile) says:

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Funny you mention the constitution since copyright is an *optional* power given to congress and not a rule goverment must follow like not passing laws regarding relegion.

And it mandates that any copyrights/patents are only granted for limited times. It’s clearly intended that works become freely copyable at some point and not some inalienable moral property right.

Yep, the Constitution gives Congress the power to create copyright laws. And Congress did so right at the very start and we’ve had federal copyright laws for about 225 years. And before that, the states had their own copyright laws. I never said it’s an inalienable moral right. I’ve always been perfectly clear that it’s a statutory right. Nonetheless, it is a right and it is to be respected as someone’s right. I don’t believe in moral rights or natural rights or any of that stuff. I look at only one thing: Do they have the right, or do they not? I’m a simple person.

average_joe (profile) says:

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Yes, it gives congress the power to enact such laws, yes. You try to use that to claim that the specific laws are automatically correct. That’s a false conclusion, and you know it. You’re the one grasping.

I’m saying it’s correct because it in fact is the law and in fact people have copyright laws and in fact copyright rights are violated when someone pirates. If a pirate violates someone’s rights, that is per se wrong. My moral compass is quite simple. I learned this stuff when I was like 4.

average_joe (profile) says:

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But jaywalking isn’t violating someone’s personal rights. It’s violating a criminal law, sure, but it’s not also a violation of any individual’s rights. See the difference. If you’re violating someone’s personal rights, then you are acting immorally. And this isn’t at all like trying to find food to feed a starving family. This is about entertainment–things that people can live without. No one *needs* the latest Harry Potter movie. The morality in this situation is a lot clearer than the questionable situations you allude to.

I’m glad you admit that Techdirt is about way more than just helping people out. Techdirt is at the forefront of the copyright debate. So be so surprised when people want to discuss copyright with you guys. Funny how Mike always runs away from such debates. He’s so opinionated and so vocal, yet when questioned about his beliefs, he’s nowhere to be found. Weird. And don’t pretend for one second that all I want to talk about is the morality. That’s one thing I want to talk about, because it disgusts me how you guys pretend like it’s not an issue (“wrong or not, it doesn’t matter!”). I ask Mike all sorts of questions, and he runs from them all. He refuses to ever discuss his personal beliefs about copyright directly with any detractor.

Gwiz (profile) says:

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It only takes respect, something an entire generation has apparently lost.

Not sure what generation you are in, but in my generation, respect is something that is earned, not automatically given.

If you want me to respect copyright, then earn that respect.

Suing the futures out from under college kids won’t earn it. Suing Deskjet printers won’t either. Calling customers thieves won’t cut it. Nor will twisting laws to extradite citizens of other sovereign nations. Punishing people on mere accusations certainly doesn’t earn any respect from me.

And demanding I “respect your authority” is a sure-fire way to lose every shred of respect I might have had in the first place.

Anonymous Coward says:

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You keep referring to infringement as violating someone’s rights. This is not true and the point you are missing. Copyright is the name of the law, not a human right or civil right, just the name of an outdated law. An example of someone’s rights being violated is when free speech is taken down do to a bogus copyright claim(DCMA).

Leigh Beadon (profile) says:

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Hahaha, so it’s wrong to compare it to stealing food, but not wrong to compare it to murder or rape as you and others have repeatedly? Cognitive dissonance!

You say it’s less severe because the motivation — entertainment versus starvation — is less sever. But you leave out the fact that the other half, the action itself — copying versus theft — is also far less severe. Great way to twist the facts to suit your point.

I ask Mike all sorts of questions, and he runs from them all. He refuses to ever discuss his personal beliefs about copyright directly with any detractor.

No need to crack this nut open again. You’ve gotten your responses from Mike plenty of times, and you will never ever be satisfied with them. If I were to stop talking right now, you’d accuse me of running from your questions — even though you have asked the same question in slightly different ways a dozen times here, and gotten an answer from me every time. That’s just your M.O.

Anonymous Coward says:

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“You’ve made your point. The same point, over and over and over and over and over again. Are you done now? “

Same question for you Marcus. You have made your point ad nauseum, you have proven to be incredibly stubborn and single minded about things. You have proven to have a closed mind.

Apparently, the only way the business models you push work is to first kill off the most successful models with piracy. When that is done, you can come in with your pennies on the dollar strategy and it will look like a winner.

It’s a cockroach mentality, and not a very good one.

Beech says:

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1) no, I would rather people realize that despite all the laws and all enforcement and all the morals in the world that sometimes murder, rape, theft, jaywalking, etc still happen and take measures to protect themselves.

2) no, I don’t say that. Worst straw man ever.

3) oh, I disagree with you so I must be a filthy pirate too. Nice ad hom. Also, wrong. First off, even when there is no money to be made, people will make art, ever heard of a starving artist? Second, studies show pirates spend more on media than others. Third, as Mike’s “sky is rising” report shows, more money than ever before is being spent on entertainment. A far cry from no one spending money on entertainment and the industry dying. lastly, as I’ve been saying the whole time the “point”of techdirt is maximizing revenue in a world where the evil of piracy exists. Just like locking your doors and buying a security system is about minimizing your chances of getting killed in your sleep by a deranged psychopath in a world where deranged psychopaths happen to exist.

4) I reallydon’t know how many times I can say “I agree that piracy is wrong” and have you pretend I am in favor of it. We’re not having a discussion about the rightness or wrongness of piracy. We agree it is wrong! The problem is I see it as an inevitably.

5) I do see piracy as an issue dumbass, thats why I’ve been going around in circles with you about it. Piracy is a crime and like other crimes, still happens even though it’s not legal.

Anonymous Coward says:

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Er, when id he say to kill off the most successful models?

Techdirt’s position is that the successful of the world of yesteryear are not the successful model of today.

And of course the model based on a goverment monopoly will be more successful than without monopoly, doesn’t mean that’s how the would should work