Some thoughts on the file-swapping ruling
Down with Kazaa and their ilk
Monday, June 27, 2005 by Draginol | Discussion: Industry
Over on the WinCustomize.com news page I gave my two cents on today's ruling. Based on the poll I saw on News.com, 2 out of 3 people disagree with the ruling. What a shock. "But...I don't want to have to pay for other people's work..I want it for free.."
I know a lot of people who pirate software, games, music, movies, etc. I don't harp to them about it. What ticks me off are the companies that actually make a business model out of serving pirates. eDonkey and Kazaa and the like made millions of dollars by enabling people to steal other people's stuff.
And in turn, they have harmed consumers in ways most people don't realize. Copy protection has gotten nastier, DRM has become a household term, and licenses have gotten more and more restrictve. Not that such schemes don't get cracked -- they do -- but the record industry (whom I'm no fan of either) and the like have figured out that those who don't pirate can be made to buy more stuff with more DRM to make up for those who would have bought stuff but were able to download it for free from Kazaa or something.
Such services cheapen the value of hard work too. The other day I read someone complaining how WindowBlinds was "too expensive". It's twenty bucks for crying out loud. That's just a bit more than a Pizza dinner. A decent cooking knife costs $50. An AutoScanner is $140 (and I can tell you with some experience that the production/profit margins on these things is pretty significant). Cheap shoes are $50. Stuff costs money. Yet we'll see someone complain that a software product that took years to perfect that people run every day for years that costs $20 is too expensive. And why? Because places like Kazaa have made software look worthless.
People will complain about paying $40 for a game that took two years to develop and provides support to the user but you rarely hear the same people think twice about paying $40 for a small box of legos where the buyer will never interact with the company. Places like Kazaa and their ilk devalue intellectual property. And the results hurt us all in ways that people don't realize.
Software piracy isn't as huge of a deal as many make it out to be, but the mainstreaming of it through these peer-to-peer services were steadily making piracy something that even the newbie down the street was able to do which definitely takes revenue away from hard working software developers, musicians, etc.
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Reply #2 Monday, June 27, 2005 9:39 PM
For once it seems like a common sense decision has come out of the Supreme Court! If the principal use is to steal work then it should be illegal: if its principal use is for personal copies (eg. video a program to watch later) its OK.
Maybe I'm just Mr. Grumpy Old man today!
Reply #3 Monday, June 27, 2005 10:09 PM
| I could never get my head around how your normal average guy or gal could download copyrighted work for free when they wouldn't imagine stealing something directly Perhaps its the anonymity of it that makes people feel protected (noone will know and I wont get caught) or the thought that its only the big company that will be hurt by it or the I just can't afford to buy it (and of course you absolutely must have that file or you'll die?). |
Or maybe it's because nothing on the Internet really exists. It's virtual.
Reply #4 Monday, June 27, 2005 10:47 PM
The next thing I wonder is, how enforceable can this decision really be for the entertainment industry? Many countries have no copyright laws at all. If Kazaa or others just moved their operation to another country, what's to stop people in the US from downloading it? Once downloaded, what is to stop people from other countries "sharing" files with those in the US??
Does the entertainment industry really think they are accomplishing anything here?
Reply #5 Monday, June 27, 2005 10:48 PM
| But gosh....an insignificant minority of P2P users are solely sharing their OWN property. This legitimizes the concept. |
The concept of P2P is legitimate, and is only going to continue to grow as a means of distributing software. Even Microsoft is working on their own version of BitTorrent.
And it only makes sense. Why pay for a ton of bandwidth and servers when you can let your users do most of the distribution?
Obviously, you need safeguards, and that's what MS is working on.
Mind you, I'm not suggesting that legitimizes Kazaa and the like. I'm only saying Kazaa and the like don't make the concept of P2P illegitimate.
Reply #6 Monday, June 27, 2005 11:54 PM
Reply #7 Tuesday, June 28, 2005 12:18 AM
Corporate interests aren't bound by the same privacy laws that law enforcement is held to, and face none of the oversight. Out of fear of litigation, they will snoop and repress and deny service out-of-hand, since they are blamed for whatever happens on their networks. When this kind of vigilience is required, they'll start pursuing it with vigor.
I think the result of this won't be less piracy, but more scrutiny from the people who run the networks we frequent. I'd prefer to vote for my oppressor.
Reply #8 Tuesday, June 28, 2005 12:26 AM
but you have to admit that it helped computer industry to spread to every house. if it weren't for P2P most people would still run old stone age software on their machines and also they wouldn't need to buy a faster computer because old software is not so demanding therefor that would slow down the development of software and hardware companies. so as i see it companies get it back from costumers not in money directly but in requirement for more powerful software and hardware.
so i think that there should be some middle way in this situation.
Reply #9 Tuesday, June 28, 2005 1:00 AM
Reply #10 Tuesday, June 28, 2005 2:13 AM
| " I think it dosen't matter what laws are passed. It's to late to stop P2P programs. P2P is to widespread. You can't sue or lockup almost everyone." |
That isn't what this was about, Kona. This was about being able to sue the people who run the networks the stuff is traded on. It is much easier to sue ISPs and such, instead of having to sue individuals. Eventually the networks themselves will be threatened with bankruptcy, the P2P software won't be allowed, those ports will be blocked or transfer will be throttled to nothing, and you won' t even be able to share legal files.
Reply #11 Tuesday, June 28, 2005 3:34 AM
| Or maybe it's because nothing on the Internet really exists. It's virtual. |
I really don't get this argument. Try this: take away your thoughts, feelings, and memories (all virtual). All that's left is your body. Do you exist now?
Some of the MOST valuable aspects of our existence are virtual.
Reply #12 Tuesday, June 28, 2005 6:07 AM
Reply #13 Tuesday, June 28, 2005 6:34 AM
| I really don't get this argument. Try this: take away your thoughts, feelings, and memories (all virtual). All that's left is your body. Do you exist now? |
I don't think anyone would want to buy my body, especially if it had a lot of bugs.
Reply #14 Tuesday, June 28, 2005 7:23 AM
The following is an example. It is not a threat toward anyone and I hope everyone lives a long, meaningful, and satisfying life.
Let us say for example that you receive an e-mail threatening yourself or your family. Let us also imagine that the author of the e-mail deleted the original message from his computers. The only copy of the e-mail prior to your receipt, therefore, was on a server.
When you receive this threat will you take the appropriate defensive measures or will you be satisfied that the threat is virtual? Taken a step further, if you request assistance from law enforcement representatives, will their actions be based on your operating system being free source?
Most of the states in the U.S. have laws against the receipt of stolen goods. I’m not trained in legal matters but I don’t think the manner of delivery (e.g. car, wheelbarrow, or computer) matters.
Reply #15 Tuesday, June 28, 2005 7:28 AM
Lately people have taken up this attitude that if it's possible to obtain something for free, then they have every reasonable right to take it. If something similar to a given product is free, then that product should be free too. People don't understand the value of software or movies or music that they're taking. They also try and quibble over dictionary terms and say it's not really theft because nothing physical is taken. Well, what else do you call taking something that is not yours, without fair payment in return? To 99% of the world, that's the same as stealing, you're just taking 1s and 0s instead of a box from a store.
Reply #16 Tuesday, June 28, 2005 7:59 AM
The message is clear:
Discourage illegal use of your site/software
Advertise against illegal distribution of files
Respond to takedown notices
DO NOT monitor network content
and leave a few loopholes for sharing the illegal stuff
If your intent is "good", and you've tried to comply with regulations, THAT is the protection against lawsuits.
I apologize if I've misread the ruling.
Reply #17 Tuesday, June 28, 2005 8:28 AM
Reply #18 Tuesday, June 28, 2005 8:56 AM
Reply #19 Tuesday, June 28, 2005 8:59 AM
Reply #20 Tuesday, June 28, 2005 12:44 PM
Hopefully if all art(i.e. movies, music, etc.) can be aquired freely, artists will once again strive to be great rather that rich, and we will cease to be inundated with wave upon wave of cookie cutter music and movies, swamping any kind of real creativity.
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Reply #1 Monday, June 27, 2005 9:28 PM
But gosh....an insignificant minority of P2P users are solely sharing their OWN property. This legitimizes the concept.
The majority of users who use the system to dl 'their' copy of 'Revenge of The Sith' before cinematic release?....Pure incidental irrelevance....