- Tuesday, 9 February 2010
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The processor is the brain of a computer - Chris Long, IT journalist
Where be pirates?
INTERNET FILESHARING is in the crosshairs. European Union bureaucrats have just made up their minds on telecoms rules, while France's Sarkozy government has passed a punitive 'three strikes' anti-filesharing law and, closer to home, Peter Mandelson is pushing ahead with one of the most controversial Internet policing initiatives ever conceived under the guise of a Digital Britain plan.
The European Parliament has just voted on its new telecoms rules, while over in London Peter Mandelson is probably surfing Itunes for Abba songs and thinking about how he can get his 'three strikes and you're out' rule accepted to please his good friend and Big Music mogul David Geffen - in the face of growing opposition from those same European Union paper pushers. Even Stephen Fry has stepped into the debate, and we are all well aware of the Fry effect, which in this case threw thousands more signatures at a petition to stop the ridiculous ban idea.
Mandelson is pushing to include the 'three strikes' Internet ban, plus a number of other measures that are almost Dickensian in their heavy-handedness, in the UK's Digital Economy bill. Although he has the support of music industry lightweights like James Blunt, Internet service providers (ISPs), who would have to play an active role in any punishments meted out, think the whole idea is ridiculous, excessively intrusive, onerous and unworkable.
As well as 'three strikes', other implications of the Bill include the threat of £50,000 fines if someone is found to be downloading illegally, and potentially the branding of a skull and crossbones into the alleged perpetrator's forehead, merely upon accusation. Perhaps unsurprisingly the Internet Service Providers Association was quick to respond, and recommended that the government looks to solutions other than heavy book throwing to protect rights holders.
ISPA Secretary General Nicholas Lansman said, "Rather than focusing blindly on enforcement, the government should be asking rights holders to reform the licensing framework so that legal content can be distributed online to consumers in a way that they are clearly demanding."
Lansman added, "ISPA continues to believe strongly that a reduction in unlawful file sharing can only be achieved if the focus turns to the education of consumers and the reform of content licensing to enable legal alternatives at a fair price."
Meanwhile, over in Brussels it has already been decided that the 'three strikes' plan is contrary to basic human rights.
The European Parliament has said that users rights must be protected. "Citizens in the EU are entitled to a prior fair and impartial procedure, including the right to be heard, and they have a right to an effective and timely judicial review," it said in a statement as it recommended that alleged illegal filesharers be tried before being cut off.
Now the Parliament has agreed on its rules, they have to be accepted by member states by the 24th May 2011. But rather than put in place the right for all users to be heard before a judge, the European Parliament ruled that any limitations placed on an individual's Internet account should only be imposed with the "presumption of innocence and the right to privacy".
"A new Internet freedom provision, included in the package at the insistence of the European Parliament, makes clear that in view of the fundamental rights that EU citizens enjoy, including the right to privacy, national authorities cannot restrict Internet access for public policy reasons unless there has been a prior, fair and impartial procedure and effective and timely judicial review," it added. Although not quite as strong as we expected, it does put the European stance at odds with the UK's Digital Economy Bill so it remains to be seen who will win out there.
Someone else looking to put a clamp on Internet freedom is Rupert Murdoch. Murdoch must surround himself with the sort of nodding donkeys that say yes to everything because he firmly believes that people will pay to receive the news content on his web sites. More than this though, he also intends to pull his content from Google, and refuse its spiders access to his sites. Which sounds like a winner, in a parallel universe.
Now Rupert is trying to encourage US regulators to adopt the French and UK plans and send a steel toed boot in the direction of illegal downloaders.
And yesterday a film studio executive whinged that they don't actually make much money from their output and what little they do make is being snaffled up by 'pirates', rather than overpaid management and stars, hairdressers, latte coffees, and 'hospitality' expense accounts. Fox Studios CEO Jim Gianopulos said Internet 'piracy' is the single biggest threat to the film industry worldwide, and called for ISPs to help the movie industry fight for its cause.
This stance seems odd as we would have thought it was bad movies, unnecessary sequels, remakes and anything with Renee Zellwegger in it that were the biggest threats to the film industry. µ
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If they catch you it should be automatic jail time. 3 months in jail no trial (that just wastes more tax dollars). Then people would stop.
The only good pirate is in prison or dead. Piracy is a crime and all who pirate should be punished. Cutting off hands would be a good second option. The pirate could draw straws to see which punishment they get.
Truer n00bs have never spoken.
The moment canada does something like use the three strikes plan, i will personally organize a group to go out with laptops and hack everyone's 128-wep encryption and start getting everyone 3 strikes to show that this isn't the solution. This is the stupidest thing I've ever herd of.
The internet is "evolution", it binds us all together as one and you can't "3 strike" someone out so they can't get the net. Utterly stupid. Am i alone with my stance or do people agree with me?
lady gaga made £100 from spotify royalties... piracy isnt the problem, corporate greed is.
People will buy more if they know the artists or creative people get the cash.
to sum up - lower prices, increase artist share, cut corporate greed.
As the recent press seems to proof, the British government blundered their way into the war with Irak, sending Skis to combat the enemy and providing only a couple of rounds of ammunition that only would work fine for Russsian Roulette but not for an engagement.
The same British government who lied to their people and lightfootedly potentially unnecessarily endangered/sacrificed the lifes of British soldiers once again do not seem to care about their regular citizens.
Regular citizens do not really count as important in their view of the world and do not need to listend to.
The real pirates are not in organized in a political party that carries that name, the real pirates are sitting in the parliament.
I Agree with Meh all you have to do is Hack some ones Wifi Connection to Give them 3 strikes O_o , it could be a bot doing the Down load then it would be the ISP Fault for Not Providing a More Secure Network =P
I hope this spawns a whole new generation of end-to-end encrypted, "floating" file-sharing networks that so far haven't been popular because of low speed and lack of need. When you attack on the surface, it just goes underground, and soon these companies will need *real* warrants to find evidence of piracy.
Hasn't anyone in this debate paid attention in the last 20 years? Anytime you make something difficult or illegal, one of 10+ billion people on the planet figures out a new, better way. And thus a new technology is born.
This is only going to end up being a waste of money and pissing off the citizens of different countries.
There has been no independent body EVER that has proven an economic loss caused by piracy of music or media. In fact, most independent studies show that piracy causes a net INCREASE in sales. Those that pay for the most media are also the ones who pirate the most. In effect, it does what radio does. Spread the message.
This is about CONTROL, not piracy. The media outlets have been fighting to control the distribution ever since the first record was created. By controlling distribution, they reap excess profits from the artists who have no choice but to participate in the business model of the Oligopoly. There is a reason why the RIAA and MPAA have anti-trust exemptions. They are monopolies who have been convicted in the past of colluding to fix prices.
Piracy takes music and media out of the hands of producers and distributors. The things that are pirated are those things that have the most entertainment value, not the things that have been promoted by record or movie companies. This is what the media companies fear. They fear losing control. They realize that piracy is not the issue. They just simplify things for the morons such as those who have posted here before me about this article.
The people on here who are whining about piracy really don't know what they are talking about and thus should refrain from commenting on things that they don't know about. They should realize that their opinions on the subject are worthless and they should listen to those who are much smarter than they are.
Gogo corporate greed.
The solution will only come when artists wake up and don't use big media companies. As long as they are willing to work for cents on the dollar, big business will continue with their witchhunt...
Piracy is a crime and theft certainly constitutes a financial loss for copyright holders. That is precisely why every civilized country is imposing new laws specifically to address piracy. The pirates can run but as the Pirate Bay chaps learned the expensive and painful way, you can not hide. They make prisons for people who can't abide by law.
I've been reading & participating in this debate for years. It's becoming tiresome.
Both sides are right and neither wants to entertain a mutually beneficial relationship because that's simply not the nature of pirating or business. In the end, lots of time and money will be wasted until we finally figure out this medium... only to be totally unprepared for the next one.
It's very simple. Piracy is a crime for which criminals get punished. Criminals have a choice. They chose to commit a crime. Then they get punished. There is no God given right to steal anything including copyright protected software or music. That's why criminals go to jail and that's the way it should be. that is the "medium". The other choices are extremes such as lawlessness or execution of pirates.
You'll never stop all crime but painful punishment will discourage a lot of the morons from being morons.
er...
Piracy is not a criminal offence. Not a single person anywhere in the world has ever been found guilty of a crime for downloading copyright material. This is a fact.
Downloaders are liable to pay damages to copyright holders - nothing more.
Downloading copyright material is not theft. No one has been deprived of their property, no crime has been committed. Fact.
the saddest part is that some ordinary people actually believe that what the government is doing is noble and just.
cant they see that these government actions are in direct support of greedy corporations that overcharge for their products anyway! wierder still, they get on their soapbox and start preaching morality when there is no morality at the source of the products, just greed and exploitation.
"Fox Studios CEO Jim Gianopulos said Internet 'piracy' is the single biggest threat to the film industry worldwide, and called for ISPs to help the movie industry fight for its cause."
For God sake, don't just sit there moaning, Jim, get the movie industry to do what they are supposed to do ... Act their way out of a Situation if they do not like ITs Control of the Medium Media AIMeMe. Would they need a Hot Script to Follow or is IT All up for Grabs and are Free Lancers Enjoining Virtual Forces and Practical Skills, the Current in Vogue Rogue Rage Rave AIdDriver?
A Fusion of Both to form the One which delivers Another which is completely Different is a Creative Base for Immaculate Source Provision for Internet Service Providers.
if you ask me the pirates are the movie industry - the junk they peddle isnt worth the over inflated price they are asking!
..and you cant get the time back after watching an hour and a halfs worth of cack!
@Paul when I see your comment I know how long way we've come in Sweden with the debate. We can now look at your comment and similar, dissect it and prove you wrong on every point. To keep it short; there is no way to catch/prevent piracy without sacrifice the rights to privacy and integrity of the people. Another thing: In some parts of the world young couples are being stoned to death just because they are in a relationship without being married. It's the law of religious extremists, just as religious extremists over here wants to cuf off hands of file sharers.
Paul: it is apparent that you know nothing about law. Downloading, or copying, copyright material is NOT a criminal offence. Downloaders are not criminally liable and can therefore never be called criminals.
I suggest you do some studying before sharing your opinions. You are making a fool of yourself.
yeah... a BIG fool!
A nice, sensible round-up of the state of this ridiculous situation.
The technology is out there, people want to communicate, Big Media refuses to move with the times and politicians jump for their shilling - or multi-million pound donations.
And dumping New Labour won't help, Dave's mob are totally owned by Rupert Murdoch.
Ok, piracy, or lets put it in other words, filesharing copyrighted material, may not be legal, but in the moment is one of the big wheels that move not only Internet and internet growth, but other industry.
How popular you guys think MP3 players will get if I can't get free music any more?
How many people will be buying multi TB hard disks without an endless source of free content to download?
How much of the Internet infrastruct will be not needed anymore because of the traffic reduction the end of filesharing would cause?
What we need is a way to legalize filesharing. The Media Mafia don't wan't to spend a nickel to update it's own industrial machinery that by now it's nothing more than a old big fat money cow that no consumer want to feed anymore.
So, what the media mafia do? Kill the content leak insteas of update itself to the new medium (Internet). Everybody loose the way it is now, and that sad situation will endure many years more.
Perhaps when the entire industry start loosing money in this filesharing war they will start to open their eyes and use filesharing for the industry own good, bring us a new era of content delivery.
Wow. So many oppinions. Here's mine:
1: Trial by Jury is the right for any 'suspected' criminal...innocent til PROVEN guilty.
2: Downloading copyrighted material for personal use in not a criminal offence
3: Downloading copyrighted material to re-sell for profit is a criminal offence.
4: If I buy a cake from the baker and it tasted terrible, I can take it back and get a refund. Ever tried that with a film, CD or video game? You'll notice a lot of shops exclude music/games/films from the 30 day return policy unless its physically damaged.
5: how many 'pirates' are consumers fed up of wasting money on false promises in trailers/demo's and want to try before they buy? (I fall into this category).
6: Ebay. If second hand games/videos/music is sold on here then the 'indusrty' sees no cash either... will they move on to sue Ebay or force them to ban the re-sale of copyrighted material?
7: Game demo's and movie trailers can be very misleading. for games, how about a time-limited access to the full product via download, (perhaps 24 hours from install), for games on all platforms. Charge a £1 - £2 per trial. If the product is worthy, it gets purchased. If not, then it wont make money other than the trial fee. As with all consumer products... if its worthy it will be purchased... if its crap, it stays on the shelf.
Criminals go to prison everyday for their crimes including copyright infringement. Denial has never change the law or the punishment. Time to get real.
People has been hostage to media industry so long that they can't help but try to protect those who oppresses them.
In the whole movie history, have you ever heard about this many sequels? Have you watched Casa Blanca 4? Or Citzen Kane Salvation? Guess not. Regular people watch movies in theaters or rent them. Only if they like the movie a lot, they might buy it. That's the point. Really few movies are worth buying these days... The same applies to music.
They are trying to make consumers behave like milking cows. You just plug the machine on them and suck. Well, people are not like cows, they can get dissatisfied and fled. But there is still a few cow minded.
No one is a hostage. Anyone can legally purchase most music, software or movies. If you don't like the price don't buy it. Stealing it is not the answer. No one is entitled to anything they don't pay for.
It doesn't matter what the UK government (i.e. Mandy) does.
When the EU commission sign ACTA, it will override any UK laws without judicial oversight and is far more draconian than anything Mandy or Sarky have managed to dream up.
No one paid me to be the recipient of 3000 advertisements per day.
Its all about money. The Eagotistical, Selfish, Greedy, people who run the show think that all the people that are on the internet are ADDICTED to it. The Egoists have you all concerned about the pain they will inflict on you, hoping you don't realize that you can shut it down by closing your wallet. Take a break for a month or two, CANCEL your cable and internet. Watch some old movies you've D/L legally, listen to some MP3's read some books. Visit some friends and go out and party hardy.Do what we did as kids and go around and trade. You people forget how much power you wield because the money you give the Egoists is the money they use against you, without YOUR MONEY they can't fight. The shareholders will get involved and boot the asses out at their next general meeting. You people are focused in the wrong area, Stand up and be counted use the net to your advantage. You have to change the way you think. Put yourself in the CEO and Directors shoes and ask your self what would hurt the company the most and it always comes down to MONEY, YOUR MONEY. Get organized people because they sure as hell are. Remember they are using YOUR MONEY to fight you.
Although I try not to watch pirated movies, the current system of copyright (for internetional use, I mean) is very clumsy. In Russia, you can't legally donload most of the movies (about 90%). And the amount of titles that are accessible legally is really small. I could go to the p2p to get almost every movie that I want, but I don't do it. I just watch movies recorded from TV, 2-3 in a month.
And I don't care, if american movie industry dies. Really.
Anyone that claims downloading (unauthorized copying) is a criminal offence is an idiot. No one has EVER been criminally charged for copying copyright material.
Copyright infringers only go to prison if they are unable to pay damages to copyright holders.
Downloading, or unauthorized copying, is NOT STEALING. No one has been deprived of their property - no theft has taken place.
Do you understand?
Denial is futile. Copyright laws are enforced in all civilized countries. If you think piracy is legal, tell it to the judge. You'll get a nice cell to share with Bubba.
The fact of the matter is, governments like here in England's New Labour are as Gordon Brown has so often said;"New Labour is & always will be PRO-BUSINESS".
In other words, STUFF YOU,THE PEOPLE,business(or rather,those owning them)come FIRST,savvy, comprendo??
So,applying that mantra to copyright;copyright is property,in the same way as material goods & services are.
Property belongs to the OWNER,it is the OWNER'S responsibilty to PROTECT his\her own property.
It is NOT the business of any government,to use laws to protect the ownership of any commercial business property.
If a person is scammed by handing over money,but doesn't receive the goods or services for which payment has been made,then, in this country, it is a CIVIL OFFENCE-NOT a criminal offence.
This same logic applies to copyright(which, for the purpose of this argument, is commercial), in that if the owner of property doesn't receive payment for goods\sevices provided-knowingly or not,then,it is the owner, who should prove that theft,at their OWN expense in the Civil-NOT- Criminal Courts.
So,in conclusion,it is reasonable to argue that,just as criminal activities of theft against individuals by scamming have been decriminalised in this country,by re-classifying, what is or not criminal activity, that same logic should also be deemed a CIVIL offence in respect of copyright theft.
About 90% of the movies today are sh***, plain and simple.
So, they expect us to buy or rent such a crappy material ??? NO WAY.
They can take my Internet away so much as they want but I won't pay a single dime for a thing it doesn't worth to see. I only go to see a movie when it's really good (or seems to be).
So, blaming "pirates" is out of place here, instead, they should go and make better movies.
Loosers !
There is only one thing to do. When (if) piracy is successfully eradicated, just stop buying the music and watching the films.
My argument for piracy is that, for the most part, the "entertainment" industry is a serial producer of utter garbage.
I would not pay for 99% of the crap that passes for a "blockbuster" movie, or an "award winning" album.
So fine, I wouldn't listen/watch it and I won't pay for it either, because it isn't worth what they ask.
Hopefully then they stop blaming piracy for their own failings (to produce quality products), and go out of business anyhow.
Meantime, those with a genuine artistic merit can sell direct to the consumers. Well, maybe not today, but hopefully in the future.
We don't need Sony Music or Time Warner films. They are garbage.
Some kinda mutual enterprise, but not every bank is really able to finance films, esp. cartoons. And Hollywood is next to nothing without the cash flow properly directed to profit and social impact.
73
If 90% of movies and music are crap, why would anyone bother to steal them? No logic to that argument. Pirates steal because they think they can get away without paying.
I tend toward being good and buy music from digital7, not being able to find what I want and the DRM drives me nuts and makes me yearn for a torrent; but I can see the artist point, and they should be paid for there talent and time; to a lesser extent I can see the media businesses point of view as well, although I find their methods totally revolting and unfair.
HOWEVER
One point that I’ve not come across in this discussion anywhere is, I have “Darker side of the moon” on vinyl, on tape and CD (yes I know I can rip it even with the rip protection, but we are told that this is pirate behaviour) so I’ll have to buy the DRM infected WMA’s from D7 if I want it legally. So music industry, when are you going to pay me back for the extra three licenses I have purchased and GIVE me the mp3’s that I have paid to legally listen to? (same for VHS, DVD, blue-ray movie companies) And if you going pay everyone else back, and give them access to the media they have already paid for, then you may just get some support from me for your lunatic laws.
Once I can:
Demand my money back plus the time I spent watching Spiderman 3.
Demand money back for a garbage movie I bought by an accident.
Demand my money back for a CD with 1 song worth listening to.
And actually receive the refund.
Most people pirate on a try-before-you-buy basis. There is no other way to do so with the garbage we have at the moment. It needs to be done, otherwise you are stuck with the purchase you regret. Yes, people probably download more content than they buy. The balance is simply not worth buying.
"Well, people are not like cows, they can get dissatisfied and fled. But there is still a few cow minded."
That one is the one that I agreed the most, I must say. While other points are also valid.
I saw you're Sunde, as in the Sunde?
Long Live Pirates!