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Author Topic: Illegal Downloading  (Read 1232 times)

Calach Pfeffer

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Illegal Downloading
« on: January 30, 2016, 05:28:37 AM »
As far as I know, there is no illegal downloading. The phrase has gained much "traction" in movie, music, and book markets, and is used by politicians and publications alike. But, as far as I know, there isn't a crime called downloading. You can't be charged with downloading. What you can do however that will open you up to some form of legal action is make copies of material for which you have no legal right to make copies. A copyright holder is, generally, the only person or entity entitled to produce copies of what they have copyrighted (because, duh, they hold the right of copy). But in downloading a file, you are copying that file to your computer. The copyright holder can, in principle, seek damages. They're more likely to go after facilitators of copyright violation than to go after you, but they might.

As far as I know, a criminal offence is a violation of an ordinance or statute that prohibits certain conduct. You can get arrested. A civil offence by contrast is an administrative violation. You'll probably get fined. And as far as I know, in most jurisdictions, copyright violation is a civil offence. Which is to say, there seems to be a great amount of misdirection in discussing the piratical illegality of the entire porn-sharing pedophiling internet torrent scum like you and I. Thus, I am wondering what's really what.

I'm wondering, for instance, can I really suggest to others that they can torrent a file if they want to watch a movie. In Australia, right now, the local tv station that holds the local broadcast rights to the X-Files has elected to hold off broadcast until, as it happens, tomorrow, Jan 31. The rest of the world saw the first episode on Jan 24. Are tv stations in Australia goading people into "illegal downloading"? Should I tell family members how to see episodes before the tv lets them? What the hell, people? And if I ever go back to a real country, and the last ten years of my internet history is looked at (thanks, NSA), what then?

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tinkerscuss

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Re: Illegal Downloading
« Reply #1 on: January 31, 2016, 04:59:13 PM »
Right holders, (Studios) have worked hard to conflate downloading with  actual physical theft.

As an analogy, one ad asked if you would steal a car? A more accurate question would be, "If you could obtain an exact duplicate for free, leaving the original intact, would you?"

At the heart of it, of course, is money. The studios want their slice of the pie. Fair enough. But to claim every downloaded song equals $6,000 in lost sales is absurd.

Look at these titles:

* Star Wars: Return of the Jedi.

* Forrest Gump.

* Harry Potter and the Order of the Phoenix.


According to Hollywood, every one lost money and the artists are due zero royalties.

I guess it is hard to develop sympathy for their "losses".

Calach Pfeffer

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Re: Illegal Downloading
« Reply #2 on: February 01, 2016, 12:23:19 AM »
And, for instance, Universal Pictures had a record-breaking 2015 for global box office.  Other studios are making sufficiently large amounts worldwide that when they complain about forex rates they talk in terms of billions lost.

But...

What about the medium and small producers? there might be economic arguments at work. If margins are small and shrinking because of, say, piracy, then only scale can win. The really big studios produce more and more formulaic product to attract gigantic numbers of not-very-discerning bums on seats, thus seeming to make huge profits, while arty, novel, or fringe productions go under. And it's all because of us, the not-humble downloaders.

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Nolefan

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Re: Illegal Downloading
« Reply #3 on: February 01, 2016, 02:52:42 AM »
having been here for a while and being an IT guy, i maintain it's the studio/record company's responsibility to make it easier for me to buy their product... if they can't i'll find another way to get it.

Look at netfilx and their new original series likeDaredevil and Jessica Jones. They're offering them by the season, by the episode and making it easy to get. Hulu on the other hand is now threatening to block VPNed access because of worldwide licensing agreements which is a load of bullshit.

Back in the days, you could claim downloading was legal if you used it to sample the goods before buying them.. I'm sure it's still kinda the case.
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Stil

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Re: Illegal Downloading
« Reply #4 on: February 01, 2016, 03:00:57 AM »
I wonder how blocking V*P*Ns will be for companies after there is a major security leak for someone who usually uses one. Unlike for most of us, V*P*Ns are mainly used for security and making someone 'unlock their doors' before being able to use your product may have serious consequences.

Calach Pfeffer

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Re: Illegal Downloading
« Reply #5 on: February 01, 2016, 07:33:39 AM »
Torrent sites typically have quite crappy interfaces. But I look at something like, say, Kat, and I wonder sometimes why no one can invent a pay service that offers that level of service. The answer I suppose is (restrictive yet lucrative licensing agreements and) there's no marketing in an interface like that. Anything that's available is available and immediate popularity is shown to you right at the front. But with no obvious differentiation. No obvious channelling. Nothing to make you stick to one company or one product. If anyone ever used that as a legitimate distribution tool, all marketing would have to be done off-site. Like it is anyway.

I look at cable services sometimes. What I see everytime I look is blinders. Big promos for what is available which paradoxically serve as giant billboards for what's not there. I suppose you don't go to a fish restaurant expecting beef, but apparently that's what I expect from cable services. I want to know what they don't offer so I know what I'm missing, and I absolutely do not want to accept bundles of stuff I have little interest in in lieu of actually finding what I do want. But that's cable. Video-on-demand is something my father used to talk about twenty years ago and even now it barely exists.... except in torrent form.

These days though there is a definite move to equate breaching copyright with criminality and it is such a finger-in-the-dyke wall project that it's almost guaranteed we're going to see more Aaron Swartz events. Instead of fixing the system, massive overkill will be used on someone who can, by some accident, be caught at that moment. Some huge fine will be levied, or some ridiculous prison term, for watching a movie. It'll spread out, I think. These kinds of incidents will increase and while the ludicrous punishments will get less ludicrous, they're still going to be overly punitive, and that kind of thing is going to keep happening for some years, I think. That's what I worry about.

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Escaped Lunatic

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Re: Illegal Downloading
« Reply #6 on: February 01, 2016, 09:49:37 AM »
You have reached the International Copyright Enforcement Hotline.  Press 1 if someone is stealing your copyrighted materials.  Press 2 if you want to confess your thefts in exchange for a reduced penalty.  Press 3 if you want to rat someone out for cut of the monetary damag . . .

*BEEP*

Please hold and a rat people out for money specialist will be with you shortly.  In the meantime, enjoy listening to music so bad no one would claim the rights to it.

(37 minutes later)

Thank you for holding.  I'm agent 4183459341r734i53t33.  How may I help you rat someone out?

Hi!,  Can I call you t33 for short?

No.  I am instructed only to respond to 4183459341r734i53t33

OK 4183459341r734i53t33.  Nice to meet you.  I've got someone I need to rat out for illegal downloads of music and movies.

And the person's name?

Calach.
uuuuuuuuuu

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Calach Pfeffer

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Re: Illegal Downloading
« Reply #7 on: February 01, 2016, 10:06:05 AM »
Alibi:

nothing "on the internet" isn't downloaded.

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Escaped Lunatic

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Re: Illegal Downloading
« Reply #8 on: February 02, 2016, 12:17:51 AM »
Alibi:

nothing "on the internet" isn't downloaded.

Don't try to confuse the International Copyright Enforcement Court with facts. uuuuuuuuuu

Guilty!!!!!!!!!!!!!!!!!

10 years hard labor and a $100,000 fine.  If you can't pay, the court will arrange to have several of your organs downloaded and sold on eBay. qqqqqqqqqq
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Calach Pfeffer

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Re: Illegal Downloading
« Reply #9 on: February 02, 2016, 01:10:48 AM »
I'd love to know what you are talking about but it turns out all this time I've been copying materials to my very own memory and I've had to erase a few things. It was that or pay a hefty fine but apparently I'm a cheap-ass teacher in China and they don't make much. Who knew. I have my name written down on a piece of paper but I don't know who wrote it so I'm afraid I can't share that either.

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Escaped Lunatic

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Re: Illegal Downloading
« Reply #10 on: February 03, 2016, 01:13:15 AM »
Ignorance and lack of intent are no excuse.  Corporate justice must be served.  The laws protecting movie and music companies must be upheld no matter what the consequences to individuals.

Take him to eBay's organ auctions and sell as much as needed to collect the penalty!
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