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Piratebay strikes back

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Re: Piratebay strikes back

#51

Post by henrikschroder »

ErrantX wrote: post #29
Luc wrote: post #12

BREIN is the organisation that puts inane 'Downloading is theft' (which it a simple lie, as any lawyer can tell you) commercials at the start of movies in the cinema and on DVD - not possible to skip them of course! Talking down to their paying public like they do, it's like they really WANT people to stop paying for movies and pirate them.

as any lawyer can tell you As a point of order they would almost certainly tell you it a) depends on the country, b) has been untested in the majority of countries so it is neither right nor wrong and anyway it probably would count as theft in a civil case sense. However I agree BREIN are a bit crazy - and the video they add to DVD's is inane. On the other hand better that than suing individuals I suppose :D (even th…

No, the crime is copyright infringement. Almost all countries have signed the Berne Convention treaty, and made copyright infringement illegal according to national law.

Theft is a different crime that has been illegal pretty much for as long as there has been laws.

Pirating a movie is illegal because it is copyright infringement, not because it is theft. Therefore, calling it theft is a lie, as any lawyer can tell you.

Re: Piratebay strikes back

#52

Post by jrockway »

callahad wrote: post #26
Keyframe wrote: post #15

Earlier quoted context omitted.

By us, people who steal stuff?

The tactics involved in "defending" copyright do more to inconvenience legitimate consumers than pirates.

Indeed. I would not mind paying for movies, but the studios won't let me. My computer runs the wrong operating system, my HDMI cable is not the right kind, the movie isn't for sale in my country, etc., etc. OK fine, I will just download it instead. All that anti-piracy protection gave me no option but to pirate the movie.

Oh, the irony.

(I could "just do without", but why should I suffer for the studio's mistakes?)

Re: Piratebay strikes back

#53

Post by potatolicious »

jacquesm wrote: post #3

according to: http://webwereld.nl/nieuws/63922/pirate-bay-doet-aangifte-te... (dutch) Update 22.03 uur: Joris van Manen, advocaat voor de stichting Brein, laat in een reactie weten dat het Experian-rapport voor Brein "geen enkele rol" speelt in de zaak tegen de beheerders. Het was destijds bij een brief aan de rechtbank toegevoegd in de zaak tegen Reservella. "We doen helemaal geen beroep meer op dat rapport. Het is…

What we really need right now is for Experian to come out and present the real report - or to publicly refute that any report was ever requested.

If Experian can testify to the tune that Brein falsified the report, then they're in for a real ride.

Re: Piratebay strikes back

#55

Post by ErrantX »

henrikschroder wrote: post #51
ErrantX wrote: post #29

Earlier quoted context omitted.

as any lawyer can tell you As a point of order they would almost certainly tell you it a) depends on the country, b) has been untested in the majority of countries so it is neither right nor wrong and anyway it probably would count as theft in a civil case sense. However I agree BREIN are a bit crazy - and the video they add to DVD's is inane. On the other hand better that than suing individuals I suppose :D (even th…

No, the crime is copyright infringement. Almost all countries have signed the Berne Convention treaty, and made copyright infringement illegal according to national law. Theft is a different crime that has been illegal pretty much for as long as there has been laws. Pirating a movie is illegal because it is copyright infringement, not because it is theft. Therefore, calling it theft is a lie, as any lawyer can tell y…

Actually the World Intellectual Property Organization Copyright Treaty is the more applicable one :) (it's an extension to the Berne treaty to make it cover software). Unfortunately whilst both treaties are very specific in some aspects they are unchallenged very unspecific in other important areas.

Also; they establish a civil crime not a criminal one. Theft laws may still apply here in the UK, as it is I know the only massive obstacle to infringement as theft (here in the UK) is the final article - all about the intention to deprive permanently. There are movements by certain pressure groups to get it clarified where the line is drawn.

And anyway - the point the video is trying to make is that it is a "moral" theft. I think it's fair to say the copyright holder has the right to say they feel that morally a "pirate" is "stealing" from them :)

(Im not defending them or the video - or trying to suggest it should be theft)

Re: Piratebay strikes back

#56

Post by trafficlight »

Luc wrote: post #12

BREIN is the organisation that puts inane 'Downloading is theft' (which it a simple lie, as any lawyer can tell you) commercials at the start of movies in the cinema and on DVD - not possible to skip them of course! Talking down to their paying public like they do, it's like they really WANT people to stop paying for movies and pirate them.

It's misguided like most things in the "War against Piracy". The people who really suffer are the ones who legally purchased the DVD. Most DVDs you download have those things stripped out. Same with games and applications.

Re: Piratebay strikes back

#57

Post by tedunangst »

doki_pen wrote: post #46
Quarrelsome wrote: post #22

Earlier quoted context omitted.

I think it would more apt if both sides go to jail, neither is the answer to the future of artistic works. On one side a bunch of cartels that IMO should be investigated by the monopolies and mergers commission and on the other freetards that don't provide a realistic revenue model for artists.

I can't resist. I'm a freetard and here is my proposal: * Artists(haha, really? is Spears and "artist"?) perform live to earn income I know... it's earth shattering. If people don't think it's worth the trouble of recording, then they shouldn't do it. See how many people come to your live performance without the free advertising that recordings provide. Oh, maybe they won't make hundreds of millions of dollars. Shoul…

How about authors? How much money have you spent, lifetime, to hear an author read his books to you?

Re: Piratebay strikes back

#59

Post by dschobel »

berntb wrote: post #47

Charging people in courts far away... the defendants not even knowing about it (or even two courts with hearings at the same time!) Isn't that what the Scientology church do?

It happens. You can even serve legal notice "by publication". So if you can't track someone down and the judge approves it, it's perfectly legal to serve notice by posting an ad in the local newspaper (which of course the recipient will never see).

If this weren't the case, screening your mail judiciously would be the ultimate legal defense against all civil litigation.

Re: Piratebay strikes back

#60

Post by boredguy8 »

Keyframe wrote: post #15
diablo_r wrote: post #10

This war is already lost for copyrights protectors, the question is when they stop bother us.

By us, people who steal stuff?

I honestly don't get why this is so heavily down voted. I want my "original hacker's news" back. What's next in the /. -> k5 -> hn chain?
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