Jeff Winkler | April 17, 2009
The verdict's in for the four Swedes behind the
BitTorrent site The Pirate Bay.
Guilty.
In Sweden today, the court ruled the website's three founders and their backer were responsible for "assisting making available copyrighted content" and the scallywags were ordered to pay about $3.6 million to several entertainment companies as well as serve a year in prison.
According to the Guardian:
[Prosecutors] were forced to drop the charge of "assisting copyright infringement" and focus on the lesser charge of "assisting making available copyrighted content". They had been seeking [$13.5 million] in compensation for loss of earnings due to the millions of illegal downloads facilitated by the site.
The case was (is?) a high-profile one, with both sides stressing the verdict's importance:
The chairman of the Swedish Independent Music Producers Association, Jonas Sjöström, said as the trial concluded that the consortium is "tired and sick of services like The Pirate Bay who have no understanding or respect for the creative community, and instead have their own financial interests at heart."
So it's all over, right? The only thing left is to close those laptops, disconnect the Internet and walk to the nearest record store for any musical needs. Haha...sure.
The Pirates have refused to go gentle into that good night. They are rage-raging, having promised to keep site open as they make appeals both in and out of court:
So, the dice courts judgement is here. It was lol to read and hear, crazy verdict.
But as in all good movies, the heroes lose in the beginning but have an epic victory in the end anyhow. That's the only thing hollywood ever taught us.
Yesterday, Wired said the verdict would be a win-win for The Pirate Bay. A verdict in their favor would have made file sharing essentially legal. The loss, however, turns them into stubborn martyrs, a role they are really playing up.
The verdict is also a lose-lose for entertainment companies. If they managed to somehow close down The Pirate Bay, Internet users would (and are) finding new ways, like streaming or other BitTorrent services, to avoid getting caught for copyright infringement. And, as Wired notes, any press is good press, at least for The Pirate Bay:
For now, the attention brought by the highly-publicized trial has only made The Pirate Bay more popular. The site has swelled to some 22 million users. And thousands of Pirate Bay fans have flocked to sign up for its new $6 anonymization VPN service, which allows torrent feeders and seeders to conduct their business in private without leaving a trace of their Internet IP addresses.
And since the trial began, membership in Sweden's copyright reform Pirate Party has grown 50 percent, while its youth affiliate is now the second largest in Sweden.
If the staunch, antiquated fighting of record companies and the rebellious antics of The Pirate Bay continue for some time, it may not be necessary to download any files. It may be that the virtual high seas battles are entertainment enough.
Friend-o-Reason Cory Doctorow, over at Boing Boing, has got the 4-1-1 on the pirate trial. Stephen J. Dubner at the Freakonomics blog wonders if it's time to stop using the term "Digital Piracy." Reason coverage of The Pirate Bay near, dear and here. In 2003, Reason.tv Editor Nick Gillespie said stopping downloads won't help entertainment companies.
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The verdict is pretty much useless. Even beforehand it was obvious that regardless of the outcome it would be appealed, it will probably go all the way to the Supreme Court in the end. It will be years before this matter is settled legally.
Thank God we're back to calling out the real pirates, not those hosers in boats. Metallica isn't even against raiding the shipping lanes. How is that piracy?
It is interesting how the IP companies think that winning this
battle means anything to them. They are apparently under the silly
impression that today's state of technology is the endpoint. As the
article notes, there are already services that make doing internet
stuff anonymous. If the IP folks can convince the ISPs to police
infringement and anonymous use (not to mention any and all large
downloads), won't some 16 year old hacker just come up with a work
around?
I know way too many IP lawyers who are vested in the old way of
doing things. Unfortunately, I don't see it changing anytime
soon.
I have also met IP lwayers who are so invested in the stupidity
of what they do. It will be fun if we get to watch them fail.
Unfortunately the big-government fanboys ses this issue as one they
can take advantage of to get corporate support to set up a police
state. It is also one of the "international problems" they love to
promote that needs a "international solution".
The Final International solution being something like what HG Wells
wrote about. HG Wells
online book
Well, D.A. Ridgely, here for instance.
http://thepiratebay.org/torrent/4853536/Tingsrattdomen_mot_Pirate_Bay
In Swedish
The only thing left is to close those laptops, disconnect
the Internet
and walk to the nearest record store for any musical
needs
Heaven forbid you should have to actually pay for your
music, Jeff. I feel your pain.
Free minds and free downloads? It's sad that libertarian ethics has
come to this.
From a business stand point litigation would be the last thing I'd do. It's like squashing cockroaches. You kill one and there are thousands more waiting to take its place.
"You kill one and there are thousands more waiting to take its
place."
sounds like the kind of scam that can keep us lawyers employed for
a looong time...
As long as the antiquated business model used by entertainment
continues to fund it.
Someone will make a fortune by changing the model and redefining
the industry to meet the needs of the people.
So it is wrong to show insects to terrorists, but it is just fine to steal music? Am I getting the Reson editorial perspective right on these issues?
By the way, that's a year in a Swedish prison.
The difference being what? You'll be Sven's bitch instead of
Tyrone's?
I find it interesting that Google is a major host of "music
pirates," yet the RIAA hasn't gone after them. Do they think Google
is too big to sue, or have they some how missed all the music blogs
on blogspot.com? (Individual blogs do periodically have posts
deleted and some get shut down, but it's a tiny fraction of the
action.)
I've been checking them out for a few years now. Yes, there's a lot
of copyright infringement there that there's really no excuse for
(buying a current CD and uploading it), but that's not the
interesting stuff. What I appreciate are the people who post
obscure music: tracks long out-of-print, scarce DJ remixes, rare
albums that go for hundreds of dollars when they appear on eBay,
music that has never been on CD or iTunes. Yes, technically it's
still the same IP crime, but it's hard to argue that the copyright
owners are losing out when there is no legal way to purchase their
IP.
"If they managed to somehow close down The Pirate Bay, Internet
users would (and are) finding new ways..." should read "If they
managed to somehow close down The Pirate Bay, Internet users would
find (and are finding) new ways..."
If we're going to advocate stealing other people's property, we
should at least have the decency to use proper grammar in the
process.
Good luck stopping the Darknets, you silly entertainment
lawyers.
Cory Doctorow is a bloviating leftist without a functioning
brain.
It's pretty gutsy to call people out on grammar when you use the words "steal" "piracy" and "theft" to refer to an act that isn't any of those things. Are you being technical, in which case you should use the correct words, or do you want leeway with your exaggerations and hyperbole, but want to hold other people to the strict constructs of English class?
I really cannot understand how it can be all right to take something that does not belong to you without paying. It is completely irrelevant whether the entertainment industry has a good business model or not. Using a product of someone's labor without paying is unethical to put it mildly.
I really cannot understand how it can be all right to take
something that does not belong to you without paying. It is
completely irrelevant whether the entertainment industry has a good
business model or not. Using a product of someone's labor without
paying is unethical to put it mildly.
Exactly.
Using a product of someone's labor without paying is
unethical to put it mildly
Welcome to the new libertarian ethics, grizzly, wherein the actual
creators of artistic works are somehow irrelevant to the
discussion.
"wherein the actual creators of artistic works are somehow
irrelevant to the discussion."
Yeah, 'cuz the RIAA and MPAA are "actual creators of artistic
works".
Yeah, 'cuz the RIAA and MPAA are "actual creators of artistic works".
Well, they typically own them under contracts agreed to by the
actual creators.
"Well, they typically own them under contracts agreed to by
the actual creators."
Thank you for that invaluable knowledge. Until now, I thought a
stork brought my little brother.
Plenty of artists especially successful artists do not want the product of their labor to be stolen through file sharing. Should we pretend that they don't exist? It is so easy to demonize RIAA and MPAA but Metalica doesn't want their songs to be stolen. What's your response? We don't like rich musicians?
My response is that a lot of musicians want their music freely distributed, me included, and object to large corporations shutting down such services because they are big giant pussies who don't want to sue the actual people breaking the law.
Thank you for that invaluable knowledge. Until now, I thought a stork brought my little brother.
Hey, if you want to play dumb, don't be upset when somebody decides
to play along.
"Hey, if you want to play dumb, don't be upset when somebody
decides to play along."
Play dumb? How so? By pointing out that the RIAA and MPAA only
represent the artists they have control over and that it is
disingenuous to suggest that the RIAA and MPAA control the majority
of creators of artistic content? Yeah, talk about playing dumb,
sounds like its time for you to do out to your dumbness
sandbox.
Lamar plays sophist word games. Theft is theft, regardless of
which particular individual or entity owns the rights to an
artistic work. By the way, there are plenty of independent artists
who own the rights to their works, who have no relationship with
the various associations that are reviled by anarchists posing as
libertarians.
"a lot of musicians want their music freely distributed, me
included, and object to large corporations shutting down such
services"
Boo hoo, Lamar. Is the big bad recording industry "shutting down"
your favorite "services" and preventing your music from being
heard? If you can't find a way to give away your music legally,
you're not trying very hard. And you don't speak for any of the
artists who choose not to give away their works.
"Should we pretend that they don't exist? It is so easy to
demonize RIAA and MPAA but Metalica doesn't want their songs to be
stolen."
I'm a lawyer, and I don't want my legal arguments stolen. But there
they are, time and time again, being used by people who didn't
formulate them. Is there some reason that songs about playing
grabass get higher protection than technical and legal expressions?
I know of a couple lawyers who have used a stupid little phrase I
used in front of a jury a couple years ago. Worked great. Should
they pay me royalties?
My response is that a lot of musicians want their music
freely distributed, me included, and object to large corporations
shutting down such services because they are big giant pussies who
don't want to sue the actual people breaking the law.
I actually have nothing to disagree with your response.
Play dumb? How so? By pointing out that the RIAA and MPAA only represent the artists they have control over and that it is disingenuous to suggest that the RIAA and MPAA control the majority of creators of artistic content?
Who said anything about them controlling the majority? Not me and
not you, until you got called on your stupid comment. Whether they
own the majority or not is irrelevant. Feel free to shift the
goalposts again.
Thank you, ed. Jordan is clearly not up to the task. You're
totally wrong, but at least you get it.
There has been enough sparring over copyright people's hyperbolic
use of such inapplicable terms as "theft" and "piracy". Funny how
the real pirates are taking that word back! Let's assume for now
that copyright infringement is murder, rape, arson and kidnapping
all rolled into one, plus stealing, theft, larceny, etc.
Is there any provision in any other larceny law that allows the
stealing if done for educational purposes? Can I steal your car for
parody?
Anyhow, you seem to be saying that the government should control
the outlets for music because the RIAA and MPAA have made a purely
business decision to not use the remedies available to them. I am
supposed to lose my choice of services because THEY can't live with
the remedies proved to them by law?
What exactly is it called when a large corporation effects a change
in the law in order to enhance its public image? Advertising isn't
the right word...
It is fine for less-than-famous artists to favor a means to distribute their music for free. But I rarely hear this subtle argument in the discussion. Most of the time it is "Get down with IP rights!" including the rights of people who don't want to give away what they create.
Yeah, talk about playing dumb, sounds like its time for you
to do out to your dumbness sandbox.
This is why joe (RIP) promulgated his Memorial Law.
What's the Memorial Law (and RIP isn't a real RIP I hope)?
As for shutting down these services, there is a strong Posner-esque
element that says in a battle between industry giants like the RIAA
and a bunch of irrelevant Lamars, fuck the Lamars.
you seem to be saying that the government should control the
outlets for music
No, Lamar. I believe that there are legitimate functions of
government, one of which is as a protector of its citizens' rights.
The courts, the police, the armed forces...all legitimate, without
which we have anarchy. We cede the use of force to these
governmental entities. In return, they are obliged to protect our
property and our property rights and to bring justice to
criminals.
It's telling that, when you poll actual artists who have goods to
sell, the majority favor enforcement of property rights. The
recording "industry" is a convenient bogeyman, but it's the artists
who are getting screwed by illegal downloading. And nobody is
preventing them from giving away their music if they wish to do
so.
What's the Memorial Law (and RIP isn't a real RIP I
hope)?
joe'z Law: Any post attacking the intelligence of another person is
likely to contain a typo.
Its now joe'z Memorial Law since joe departed these boards in a
huff after being soundly ridiculed for claiming that a cartoon of a
monkey must, necessarily, be racist in the Age of Obama.
Its now joe'z Memorial Law since joe departed these boards
in a huff after being soundly ridiculed for claiming that a cartoon
of a monkey must, necessarily, be racist in the Age of
Obama.
But joe finally had a valid point.*
*NSA, are you listening? See how I post now?
That's what finally finished off joe? A monkey cartoon?
He must go batshit over pictures of leprechauns.
"It's telling that, when you poll actual artists who have
goods to sell, the majority favor enforcement of property
rights."
Enforcement of property rights is one thing (such as suing the
person doing the illegal copying). Shutting down competing outlets
is a whole other thing.
Thanks RC. I've been doing more running than hitting around here lately. Surely there's a drinking rule about incorporating Hit and Run.
"The recording "industry" is a convenient
bogeyman"
How many independent artists lobby congress to lengthen copyrights?
How many independent artists hire lawyers to shut down music
outlets that compete with major record labels?
I don't think it is unreasonable to point the finger at industry
trade groups that do these things. To a certain extent, they are
SUPPOSED to be the bogeyman so that ire isn't directed at the
labels themselves. FWIW.
ed | April 17, 2009, 1:21pm | #
That's what finally finished off joe? A monkey cartoon?
He must go batshit over pictures of leprechauns.
Nah, that's just making fun of the Irish. What's wrong with
that?
Shutting down competing outlets is a whole other
thing
Running a site (and proudly calling yourself a "pirate") that
openly promotes and facilitates theft is no different than a
pawnbroker who fences stolen goods. And don't tell me that
file-"sharing" sites get nothing in return. There's lots of
advertising and links to other shady "services," not to mention the
sick thrill they get by thumbing their noses at authority and
playing bigshot to an adoring criminal brotherhood. Nobody does
something for nothing.
Nah, that's just making fun of the Irish. What's wrong with
that?
Joe was reportedly a little Irishman.
Not that there's anything wrong with being green, tiny and drunk
all the time.
Anyway, this thread has been magically delicious, but I've hit, and now I must run.
And yet, pawn brokers are not illegal. Has there been an effort by the retailers of American to shut down pawnbrokers? No. Thank you.
Not that there's anything wrong with being green, tiny and
drunk all the time.
Well, yeah, but if you're gonna be oversensitive about it...
And yet, pawn brokers are not illegal. Has there been an
effort by the retailers of American to shut down pawnbrokers? No.
Thank you.
But there is a continuing effort to jail fences of stolen
goods.
Nice try though!
And, as Wired notes, any press is good press, at least for
The Pirate Bay
Maybe somebody's pointed this out, but isn't the press actually
better for copyright holders? I mean unless we assume that a $3
million fine and a year in prison will have no deterrent effect at
all?
Maybe somebody's pointed this out, but isn't the press
actually better for copyright holders?
As one of the first Reason certified Terrorists and former Time
Person of the Year, I tend to agree.
"But there is a continuing effort to jail fences of stolen
goods."
I haven't objected to individualized enforcement. What I object to
is this wholesale, shut 'em all down attitude. If you are found
engaging in infringement, the law provides for drastic penalties
against you. The record companies don't want to pursue those
individualized remedies, so they want ALL pawnbrokers shut down.
And, oh by the way, those services also offer legitimate
distribution that competes with the major labels. Don't think there
isn't an anti-trust issue lurking in the shadows.
@Lamar:
You got the point. The music industry doesn't sue the actual
rippers and seeders of the data, but the search machine that
delivers only the links. This is highly problematic, because as
mentioned above google and other services do the same. Are they now
also suspect? Wouldn't it otherwise not been inequal. Also, when
the artist or rights holder sees a illegal copy of his work or
someone copying it, he has to act or he loses his rights.
So, actually, they would have to sue google afterwards.
The problem with this process is that it doesn't aim at release
groups like Vitality or even the seeders in the torrent, but rather
at the search engine that only is a list of torrents...
But they are not trying to shut down every streaming site on the internet, so your pawn shop example fails.
Google's rolling in money. They could easily fund a pre-emptive
lawsuit against RIAA to establish that it is not illegal to make
available multiple-use infrastructure that happens to be used by a
tiny minority for illegal purposes.
Getcher popcorn ready. That would be a battle of the titans, and a
public service to boot.
For the life of me, I do not understand why this site continuously puts forth the notion that copyright violations and theft of intellectual property are cool.
1) Illegal file sharing is not theft. It's more like free-riding
IMHO. There is harm done but it is difficult to assess the amount.
I find this distinction to be important.
2) I find copyright laws - be they American or European - are
necessary, but in their current form they are just unbalanced,
unfair and too broad. And just look who drove the expansion of
these laws. The current state of intellectual property is far away
from being a libertarian solution.
3) TPB is just a platform. Yes, it was widely used for copyright
infringement but never did the owners participate in that conduct
themselves. Google could be sued on the same grounds.
If we're going to advocate stealing other people's property,
we should at least have the decency to use proper grammar in the
process.
I disagree with you and I discovered errors in your grammar,
therefore I am right.
Maybe somebody's pointed this out, but isn't the press
actually better for copyright holders? I mean unless we assume that
a $3 million fine and a year in prison will have no deterrent
effect at all?
Some deterrent. I only see a deterrent to big-time operators and
central, open repositories. file sharing will continue apace, but
it may be chilled for people hanging out a shingle which reads "get
your illegal content here"
If you can't find a way to give away your music legally, you're not trying very hard.
Wait, what? Are you suggesting that it's somehow illegal to give
away music that you hold the copyright to via bittorrent? That
would be... novel.
Illegal file sharing is not theft. It's more like
free-riding IMHO. There is harm done but it is difficult to assess
the amount.
I asked this question once before, but never caught up with the
thread:
What's the difference, conceptually, between making perfect copies
of $20 bills, and making perfect copies of a song or movie? If the
latter should be legal, why not the former?
I find copyright laws - be they American or European - are
necessary, but in their current form they are just unbalanced,
unfair and too broad.
Pretty much where I am.
What's the difference, conceptually, between making perfect
copies of $20 bills, and making perfect copies of a song or movie?
If the latter should be legal, why not the former?
While I don't argue that the latter should be legal in most cases,
I'll still try:
The former one is copying a state-controlled universal medium of
value exchange that effectively earns you $20 and lowers the value
of everyone other's dollars by some amount.
The latter one has you using a private service for free even though
you should have paid something for it. It is not gone but it may
lower the incentive for the producer to produce further services.
You could try to sell it for 20$ (which probably won't work) but
its inherent value is much more unstable and it is not a universal
medium of value exchange.
I understand why the media went after them. They are
facilitating stealing. Anyone who say's otherwise is
delusional.
That said; I have no problem with Pirate Bay sticking it to the
man.
ed: If anything called "property" is property, and "theft is
theft," do you think Lincoln should have provided compensation to
the slave owners?
Nobody has a legitimate property right to a series on ones and
zeros on a CD, a hard drive, or any other GENUINE property someone
actually possesses--any more than they have a legitimate property
right to a human being. There's no way to enforce your idiotic
"intellectual property" [sic] rights without infringing on my
genuine rights to use my genuine tangible property as I see
fit.
In other words, "intellectual property" [sic] is theft of REAL
property.
Nobody has a legitimate property right to a series on
[sic] ones and zeros...
Nice try, Kevin. I'm particularly entertained by how you've tried
to annihilate the concept of property by assigning a binary code to
it. And your bizarre reference to Lincoln is, well,
bizarre.
intellectual property" is theft of REAL property
Again, nice try, but when I write a song, I haven't stolen
anything from you.
Ed: No, but when you prevent me from doing whatever the hell I
want with MY physical copy of the CD it's recorded on, on MY hard
drive, you ARE stealing from me.
There is no such thing as a property right in arranging ones and
zeros, or the letters of the alphabet, or any other form of
information in a particular configuration.
My idea of a "nice try" is asserting that "intellectual property"
[sic] is really property, because it JUST IS (after all, it's
CALLED "property," right?), and that violation of IP is "stealing"
because it JUST IS.
"What's the difference, conceptually, between making perfect
copies of $20 bills, and making perfect copies of a song or movie?
If the latter should be legal, why not the former?"
The copied money does not have value, the copy of a movie does.
when you prevent me from doing whatever the hell I want with
MY physical copy of the CD
Fair Use, ethically and legally, allows you to rip your CD to your
hard drive and make MP3s and any other copies for your private use.
When you sell those copies or distribute them, you have crossed the
line, ethically. Thieves are unethical. They take what
they want. They're unable to grasp the concept of property. That
concept separates us humans from apes.
The copied money does not have value
Tell that to all the successful counterfeiters, Lamar.
They wouldn't be doing it if their bogus paper had no value.
copyright is not a fundamental right. It is a privelage granted
to createors by society as compensation for providing their work. I
other words; copying music is only illegal because we as a society
agree that it should be. So you can say: "copying is illegal,
simple as that!" sure, it is, but the real issue is: should it be?
illegal != wrong.
If we abolish copyright law then musicians won't make money from
selling albums. Why should they? Do we really believe that
musicians have a fundamental right to a monopoly on the music they
create? Is this really an essenitial or even desirable notion in
our society? We have to question these fundamental
principals.
remember: the market for digital music is ARTIFICIAL; it only
exists because of copyright law. If I grow some potatoes there is a
real market for those potatoes; they have an inherit value. It I
produce a digital work that can be distributed to anyone at no
cost, then there is no market for this, a recording has no inherit
value. Only copyright law gives it value by criminalizing
unauthorised distribution. Do we, as a society, really want to
preserve this artificial market? THIS is what you should be
debating.
Do we really believe that musicians have a fundamental
right
to a monopoly on the music they create?
Yes. Do you have a "monopoly" on the paycheck you receive for
your work?
How would you feel if I stole it?
It I produce a digital work that can be distributed to anyone
at no cost, then there is no market for this, a recording has no
inherit value.
Your syllogism is comically flawed. Expense of reproduction and
distribution has nothing whatsoever to do with the ethical points
of profiting from someone else's hard work and creativity. If the
work has "no inherent value," why are people copying it in the
first place?
Do we, as a society, really want to preserve this artificial
market?
No one is forcing you to participate in it. You have no natural
right to hear music or see movies or play video games without
paying the creators and distributors of those works.
Admit it: what you really want is a free ride on someone
else's back.
"Tell that to all the successful counterfeiters,
Lamar."
In the same vein, if a fraudster sells a piece of land that doesn't
exist, would you say that the non-existent land has value?
"Do you have a "monopoly" on the paycheck you receive for your
work?"
No. I don't receive royalties each time a document I produce is
copied or changes hands (or formats). While I am entitled to get
paid for my work, it isn't a 'monopoly' in the sense that I don't
control it for my life plus 70 years.
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