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High Court: The Pirate Bay must be blocked by UK ISPs

bbc.co.uk

161–170 of 221 posts

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#161
post #80

Earlier quoted context omitted.

Although they are technically a non-profit, the people that run it are probably getting nice salaries off of the hard work of others.

The same can be said for any merchant: selling the work of others without creating anything yourself. If this makes you scream, you should be very angry at supermarkets.

The point is that thepiratebay claims not to be a merchant

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#162

The ruling is mostly full of shit: Sites like The Pirate Bay destroy jobs in the UK and undermine investment in new British artists I'd like to see evidence to back this up, innocent until proven guilty and all. The Pirate Bay infringes copyright on a massive scale No, it doesn't. TPB doesn't provide any content at all. Not only that, but it also provides links to non-copyright infringing material. Eg: Some of Nine I…

> The ruling is mostly full of shit:

It's obvious that the ruling is full of shit just from the verdict.

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#163

Earlier quoted context omitted.

I don't think linking should be illegal, but en mass linking with the blatant intent for people to exploit linked to resources... perhaps it should be? I don't know. RE: your point that open space for people to link to shouldn't be illegal, is it ok then to create a CP linking website? Would you be OK with this?

> is it ok then to create a CP linking website? // Strictly speaking I don't think it would be illegal as long as no content on the site itself contravened the law. If you can differentiate it from a search engine that gives the links in SERPs then I'd back it being made illegal though - if you can't then Google/Bing/etc. are illegal if you can make the SERPs return a link to illegal content. Indeed a link site would…

The Copyrights, Designs & Patents Act 198 has "fair dealing" clauses which specifically permits back ups (Section 50(A)) and time-shifting (Section 70). I'm not aware of any case law that limits these permissions; the Copyright & Related Rights Regulations of 2003 does forbid you from circumventing a technical protection measure, which is in opposition to CDPA.

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#164

Earlier quoted context omitted.

I don't think linking should be illegal, but en mass linking with the blatant intent for people to exploit linked to resources... perhaps it should be? I don't know. RE: your point that open space for people to link to shouldn't be illegal, is it ok then to create a CP linking website? Would you be OK with this?

> is it ok then to create a CP linking website? // Strictly speaking I don't think it would be illegal as long as no content on the site itself contravened the law. If you can differentiate it from a search engine that gives the links in SERPs then I'd back it being made illegal though - if you can't then Google/Bing/etc. are illegal if you can make the SERPs return a link to illegal content. Indeed a link site would…

In the UK you need to prove beyond reasonable doubt to get a criminal conviction. Balance of probabilities is just for civil cases I believe.

I would think though that it could be seen as advertising child pornography if you provided the links that were all to child porn or that the links were labeled as child porn.

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#165
post #143

Earlier quoted context omitted.

I was correcting a bad metaphor and pointing out that the question of legality is important, not just the question of whether censorship is ever OK, I wasn't arguing for or against the legality. Regardless, what's wrong with discussions about legality. A huge feature of any discussion board is that people can share opinions, debate, and correct each other when wrong. I'm not sure if I'm mis-remembering you or if you…

Criticize me as much as you want! I don't take it personally. If you end up being right, I'll benefit from it --- no matter how you choose to phrase it. I'm sorry you feel I'm being snide. I don't intend to be. Regardless, each successive HN "legality" discussion drives me further towards some conclusions (here I'll use 'nerd' as a shorthand for "people such as myself who come from a tech background and like to argue…

Thank you for putting into words exactly what frustrates me about the legal system! You've exactly captured how I find myself reasoning about the law, and now that it's so explicit, I see that that's clearly wrong.

This is similar to an epiphany I had when reading a blog post explaining intellectual property through an analogy of the "color" of a portion of code. How intention and legal action shape the color, whereas software people tend to think only of the actual bits that represent it. Why independently coming up with an arrangement of bits could be fine while possessing that exact same arrangement from a different source is not. (It's the color of those bits.)

I just tried searching around but unfortunately could not find that post. I'd like to reread it. Anyone know what I'm talking about and have a link to it?

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#166
post #154

Earlier quoted context omitted.

You don't think maybe lawyers, who are actually versed in the frameworks on which the laws are built, are more capable than a group that by and large doesn't even seem to understand the difference between different kinds of intellectual property?

Of course they are more capable. But are you saying that these opinions aren't worth listening to as well? "Without understanding your opponent's argument, you can't fully understand your own." If nothing else this can be an educational experience thanks to you and tptacek.

I guess it depends on how much time you have to listen. Based on the evidence on display in HN comment threads, I think on average most programmers' opinions on the law are probably a little bit better-informed than those of a Starbucks barista, but not enough so that I'd give somebody's opinion deference just because he knew C++.

Most programmers' opinions on the law (like most people in general) fall into one of two categories: fundamentally mistaken (e.g. "sharing an encrypted file can't be copyright infringement because they didn't copyright the encrypted form") or merely indignant. That's not to say a programmer can't be well-informed, but just that it's hubris to think that programming knowledge alone can give you some keen insight into the law without actually studying the law.

On the other hand, I definitely stop and read when I see something by, say, grellas — because I know what he'll have to say is very likely to be the result of study and careful analysis.

(And for the record, I don't pretend to know a lot about most aspects of the law. I'm not trying to act high and mighty here. And that's why I feel so apprehensive about blindly trusting programmers about this sort of thing — I know how much I don't know.)

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#167

Earlier quoted context omitted.

"it's purpose is pretty obvious". I don't think that's true. Clearly a lot of copyrighted material is downloaded from the site but there is a also a lot of material linked to legally. For example they now promote independent artists on their homepage who have content available on the pirate bay. Nine Inch Nails have a huge collection of unedited concert footage available. Open source software and Linux distros are av…

That's a bit like saying your historical pirate ship (the kind with sails, cannons and so on) has a cook on board to feed the crew, so it should really be considered as a floating restaurant and the plundering and sinking of other vessels is incidental to that.

I love that analogy and want to vote you up... but I don't agree with what you're saying XD

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#168
post #98
post #71

Earlier quoted context omitted.

The Pirate Bay is just a collection of merely 90MB of magnet links which can be downloaded anywhere on the Internet in the blink of an eye. Someone made a torrent of the torrents on the Pirate Bay (at one point). Here's the magnet link: magnet:?xt=urn:btih:938802790a385c49307f34cca4c30f80b03df59c&dn=The+whole+Pirate+Bay+magnet+archive&tr=udp%3A%2F%2Ftracker.openbittorrent.com%3A80&tr=udp%3A%2F%2Ftracker.publicbt.com%…

That's interesting. Is there way to get actual version of this?

Paste that link into your favourite (up to date) torrent client.

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#169
post #154

Earlier quoted context omitted.

You don't think maybe lawyers, who are actually versed in the frameworks on which the laws are built, are more capable than a group that by and large doesn't even seem to understand the difference between different kinds of intellectual property?

Of course they are more capable. But are you saying that these opinions aren't worth listening to as well? "Without understanding your opponent's argument, you can't fully understand your own." If nothing else this can be an educational experience thanks to you and tptacek.

Sometimes nerd opinions about the law are worth paying attention to. Sometimes they aren't.

Part of what put me on my recent CISPA jihad is that CISPA is a case where I think nerds actually had a chance of collecting the context required for informed debate; unfortunately, the CISPA debate got hijacked by militant activism.

But there are cases where nerds clearly have little to offer. Look at the old Reiser threads if you want to groan about very smart people looking dumb talking about the law. "There's no such thing as circumstantial evidence! If you can't find a body, you have to acquit!" Similarly, in most cases revolving around computer hacking and unauthorized access, nerd mentality does more harm than good; nerds tend to fall back to arguments like "if it's common knowledge how to bypass some control, then bypassing that control can't reasonably constitute unauthorized access".

Re: High Court: The Pirate Bay must be blocked by UK ISPs

#170
post #143

Earlier quoted context omitted.

Oh, message board legal debates; how would we occupy our days without you? I love you most of all, "If I just did X, they couldn't charge me with Y" argument! 18 USC § 2 - PRINCIPALS (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by…

I was correcting a bad metaphor and pointing out that the question of legality is important, not just the question of whether censorship is ever OK, I wasn't arguing for or against the legality. Regardless, what's wrong with discussions about legality. A huge feature of any discussion board is that people can share opinions, debate, and correct each other when wrong. I'm not sure if I'm mis-remembering you or if you…

Regarding your last point: You're not the only one to make this observation.
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