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Anna's Archive Faces Millions in Damages and a Permanent Injunction

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Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#111
post #93

Earlier quoted context omitted.

Of course I agree that there are some differences, but they are the same with respect to the sated role of government. Physical theft deprives the owner of physical property (where this right is respected by law. IP theft deprives the owner of intellectual property ( where this right is respected by law). People can and do make arguments against both IP and physical property, but the role of government the the same i…

as hug correctly points out, you have accidentally made a circular argument; without the regulatory regime, the thing that 'ip theft' deprives the owner of doesn't exist in the first place so the role of government is quite different in the two cases: it creates 'intellectual property', in the sense of 'what the owner is deprived of by so-called ip theft', while physical property exists in its own right if we instead…

Physical property rights, which I strongly support, are not a law of nature. lions and tigers dont have property rights. They are a concept, but one is no more natural than another. matter exists, knowledge exists. exclusive monopoly to one or the other is no different.

RE Cars:

I think the analogy is apt, but you you ignore the time an effort that goes into creating one. Who would build or buy a car if someone could just get in and drive off.

The same is true for literature. Why spend years writing a book, play, or song, if the first person that hears or sees it reproduces it for everyone and you recieve nothing.

It is just like spending time building a car for someone to drive off with it.

Your argument focuses on the user, not the creator.

>and if someone else gets in my novel and drives off with it, why, i can still read it as easily as before.

Thats all an well for the consumer. The car thief doesnt care either, as long as there are cars to steal and idiots buying cars.

You might argue that peope will create literature out of innate desire,as an argument how screwing them over wont impact incetives, but how is that different from physical property.

You think someone has a deep drive to write the next great ammercian novel, but not grow food, so it is ok to steal one, but not the other. What if people want to grow food, does that then justify stealing it?

I just think it is extremely hypocritical to dismiss IP creators while protecting the car makers or food growers.

IF someone wants to create IP for free, grow food for free, or build cars for free- They CAN!

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#112
post #94
post #90

Earlier quoted context omitted.

this specious argument relies on conflating 'intellectual property' in the sense of 'useful knowledge and designs' with 'intellectual property' in the sense of 'legal restrictions on using knowledge and designs'. to avoid getting caught up in these word games, let's use different terms for these two concepts; for this comment, i'll use the terms 'knowledge' and 'intellectual enclosure' when someone says 'ip is doing…

How does a company like NVIDIA operate without IP law? They are fabless. Everything they produce is digital, either in the form of software or in the form of chip designs. As far as I can tell, without protection from IP law (patents, copyrights, trade secrets) NVIDIA could not function as a company. They would have no means whatsoever at preventing a fab like TSMC from manufacturing clones of their devices and selli…

> How does a company like NVIDIA operate without IP law?

Don't bother us with such complexities. We developed our ideas about IP after being outraged by attempts to stop our piracy of music and movies, and carefully reviewing lists of all the cons of IP (after completely ignoring and throwing out the list of the pros). The only righteous path is for the law to be reform to reflect our views.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#113

Earlier quoted context omitted.

I've been trying to convince people of this for years. The problem is from my view, that people have the idea of IP being some sort of the American Dream ingrained in their heads that they can't even reason about anything else.

The problem is from my view, that people have the idea of IP being some sort of the American Dream ingrained in their heads that they can't even reason about anything else. Maybe it depends on which people you ask, but I don't think the American Dream is about IP at all --- but mostly freedom and independence.

Deeply entrenched in that freedom is the fantasy of inventing some new miracle product, or supremely popular song or book. It’s protecting the idea that someday I might be the wealthy benefactor of these practices and rules. We see people vote against their interests all the time because of “The American Dream”, and the hope that they might achieve it.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#115
post #57
post #3

I feel obligated to say my usual "IP is at this point doing more harm than good" spiel here but don't have the time budget to argue it with people today

IP-intensive industries contribute 41% of the US GDP and employ 44% of the US workforce [1]. If you abolished IP all of that would go away. How would you replace that? I'm not a fan of IP either but I think it's pretty hard to escape that reality. Big companies like NVIDIA (3T market cap) are almost 100% IP. IP is more-or-less central to the US's economic and security strategy. Without it, the country loses a huge am…

> If you abolished IP all of that would go away.

Do you have any evidence for that? It astonishes me that humanity has progressed for thousands of years without any IP protection, but for some unclear reason it wouldn't today.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#116
post #66

Earlier quoted context omitted.

Article says nobody is responding as defendant except one individual who has filed a motion to dismiss based on being misidentified. I don’t know the status of that motion though.

[flagged]

Regardless, that is what the motion to dismiss is based on.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#117

RECAP link to the PACER docket copy: https://www.courtlistener.com/docket/68157923/oclc-online-co...

Looks like the case is defaulted against the "Anna's Archive" entity, but still ongoing against other defendants, including Maria who has responded with some pretty damned decent filings asserting (fairly correctly as I can see) that the Complaint fails to properly state a claim against them. I don't see a ruling granting Maria's Motion to Dismiss, so that's still in the future.

Anyone know the particulars of (federal) legal service by email?

I've only ever used the Sheriff for service, by hand to the person or their agent.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#118

What is the deal with this Njalla hosting service? Is it really so hard to take sites from there down?

I used to use one of these Swedish hosts for a very large TV torrent tracker. They successfully batted off every attempt to shut it down.

The most successful attacks were against our donation payment providers, knocking our (considerable) income offline for a few days at a time.

Re: Anna's Archive Faces Millions in Damages and a Permanent Injunction

#119
post #84

Earlier quoted context omitted.

Unlike physical property, "intellectual property" doesn't exist by itself. The thing that exists, the product that it is that you ostensibly "own" that is protected by the government is the copyright, a soft of reified extension of ownership, which only has any value inasmuch as the government protects it. In other words, intellectual property is only worth what the government says it is. It doesn't just hold the gun…

I don't think it is any different for physical property. What is a pound of gold worth when you are defenseless and someone else has armed men willing to kill you. Might makes right and owns all property is the default. Every situation that deviates from this is imposed by governments. A market around physical goods is no different.

Why did you choose gold as an example? How about a sword? Claiming that physical and intellectual property are the same is reductionistic at best. The fact that both properties are protected by power doesn't mean that they are the same. Physical property is not copyable. Intellectual property is.
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