mikkel
Member
+383|6903

Turquoise wrote:

mikkel wrote:

mafia996630 wrote:

We explore... and you call us criminals.  We seek
after knowledge... and you call us criminals.
For those who know....
Someone up for posting this guy's personal details on the Internet for those who want to "explore" what having the "knowledge" to steal identities is like? It's clearly okay.
I don't think you'll get anyone who will defend identity theft.
No, but what this guy is saying is pretty much that information should be free. If that's the principle, why is it that only corporately owned information should be free, and not personal information?

mafia996630 wrote:

mikkel wrote:

mafia996630 wrote:


For those who know....
Someone up for posting this guy's personal details on the Internet for those who want to "explore" what having the "knowledge" to steal identities is like? It's clearly okay.
Someone up for shoving a dildo up this guy's arse so he can figure out the fact that i didn't write the manifesto ?
Notice how it's a quote inside of the quote of your post? What do you think that means?
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

Turquoise wrote:

mikkel wrote:


Someone up for posting this guy's personal details on the Internet for those who want to "explore" what having the "knowledge" to steal identities is like? It's clearly okay.
I don't think you'll get anyone who will defend identity theft.
No, but what this guy is saying is pretty much that information should be free. If that's the principle, why is it that only corporately owned information should be free, and not personal information?
That's a good question.  For the most part, personal information is free to be distributed by corporations among each other.  They do this with telemarketing lists, for example.

Credit information is a huge market, and corporations pay big bucks to use your personal information in whatever product placement they'd like to subject you to.  So, they may be paying for it, but your information is still "free" to be passed to whoever.

If you did the same thing with corporate information (especially if you sold it), you'd get charged with things like industrial espionage.
Macbeth
Banned
+2,444|5888

Every time you download a file from a person through P2P your downloading with every person that person has ever downloaded from.
liquidat0r
wtf.
+2,223|6929|UK
The music (and film, etc I guess) industry are missing out on a few tricks anyhow, in my opinion.

People are quite willing to pay for some, if not all of these things:

- RapidShare (or other file hosting websites)
- Private file sharing and/or torrent communities
- Seedboxes
- Subscriptions to websites like last.fm
- Newsgroups

People are willing to pay money for those services, but not to download/purchase legal music.
mikkel
Member
+383|6903

Turquoise wrote:

mikkel wrote:

Turquoise wrote:


I don't think you'll get anyone who will defend identity theft.
No, but what this guy is saying is pretty much that information should be free. If that's the principle, why is it that only corporately owned information should be free, and not personal information?
That's a good question.  For the most part, personal information is free to be distributed by corporations among each other.  They do this with telemarketing lists, for example.

Credit information is a huge market, and corporations pay big bucks to use your personal information in whatever product placement they'd like to subject you to.  So, they may be paying for it, but your information is still "free" to be passed to whoever.

If you did the same thing with corporate information (especially if you sold it), you'd get charged with things like industrial espionage.
Those are great points, however in order for most of your personally sensitive information to be traded, your consent is required. The problem with the quoted manifesto is that the author justifies unauthorised distribution of corporately owned information by alleging amoral behavior by the owners. I wonder if he would agree to having his information distributed without authorisation by other individuals claiming amorality on the part of the owner to be the motivating factor.
Jenspm
penis
+1,716|7034|St. Andrews / Oslo

/cba to read all this discussion.


for every torrent site taken down, 10 new ones come up. There's no point in trying to stop it. Pirates will just get better and better at doing their downloading secretly.



PS- Make the purchased CDs more interesting please. What ever happened to including lyrics, some history about the album, some cool pictures, etc?

I've promiced myself to never buy a CD again. Vinyl is where it's at
https://static.bf2s.com/files/user/26774/flickricon.png https://twitter.com/phoenix/favicon.ico
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

Those are great points, however in order for most of your personally sensitive information to be traded, your consent is required.
Yes and no.  EULA's often disclose in very vague terms what they legally allow a corporation to do with your information.  Considering the length of many of these documents, they pretty much intend for you not to read them.  When you consider how it practically takes a lawyer to sort out what many of these things say, the consent is mostly coerced.

Basically, if you want to receive a service from most corporations, you have to consent.  Some reforms have been made, but there is a lot of progress left to make.

mikkel wrote:

The problem with the quoted manifesto is that the author justifies unauthorised distribution of corporately owned information by alleging amoral behavior by the owners. I wonder if he would agree to having his information distributed without authorisation by other individuals claiming amorality on the part of the owner to be the motivating factor.
True, his logic is definitely flawed.  Still, there's a huge difference between corporate information (in terms of music, movies, software, etc.) and personal information (credit info, SS info, etc.).

Identity theft can ruin a person's life.  The worst that a downloaded song can do is end a band or company.

Even so, piracy is more often a scapegoat for bad performance or a bad product than it is a valid cause for business losses.

For example, the music industry can't seriously think that piracy is killing their industry when things like Itunes still flourish.  People are clearly willing to pay for music if your price is reasonable.  They don't usually wanna pay $20 for a CD, but a $1 a song isn't bad at all.

Adobe can't seriously expect the average consumer to pay the licensing fee for Photoshop CS4, so they instead receive their income from businesses that pay the license fee, because they typically are the only ones that can afford it.
mikkel
Member
+383|6903

Turquoise wrote:

mikkel wrote:

Those are great points, however in order for most of your personally sensitive information to be traded, your consent is required.
Yes and no.  EULA's often disclose in very vague terms what they legally allow a corporation to do with your information.  Considering the length of many of these documents, they pretty much intend for you not to read them.  When you consider how it practically takes a lawyer to sort out what many of these things say, the consent is mostly coerced.

Basically, if you want to receive a service from most corporations, you have to consent.  Some reforms have been made, but there is a lot of progress left to make.
I agree that this is a huge problem, and unfortunately these practices are employed by corporations whose products you really couldn't lead a normal life without. There's absolutely need for legislation to firmly place onto corporations the onus for clearly, visibly and unambiguously presenting which aspects of your privacy you compromise, and to which extent, when you agree to terms of use.

Turquoise wrote:

mikkel wrote:

The problem with the quoted manifesto is that the author justifies unauthorised distribution of corporately owned information by alleging amoral behavior by the owners. I wonder if he would agree to having his information distributed without authorisation by other individuals claiming amorality on the part of the owner to be the motivating factor.
True, his logic is definitely flawed.  Still, there's a huge difference between corporate information (in terms of music, movies, software, etc.) and personal information (credit info, SS info, etc.).

Identity theft can ruin a person's life.  The worst that a downloaded song can do is end a band or company.

Even so, piracy is more often a scapegoat for bad performance or a bad product than it is a valid cause for business losses.

For example, the music industry can't seriously think that piracy is killing their industry when things like Itunes still flourish.  People are clearly willing to pay for music if your price is reasonable.  They don't usually wanna pay $20 for a CD, but a $1 a song isn't bad at all.

Adobe can't seriously expect the average consumer to pay the licensing fee for Photoshop CS4, so they instead receive their income from businesses that pay the license fee, because they typically are the only ones that can afford it.
Well, the best way to object to absurd pricing schemes is to simply not buy the products. Theft of proprietary corporate information might not be as personally damaging as theft of sensitive personal information, but I don't believe that you can legitimately complain about corporations misusing your personally sensitive information if you yourself are abusing their proprietary information. Respecting privacy and ownership starts at home. Encouraging the practice by participating in it yourself will not garner more respect for rights to information.
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

Well, the best way to object to absurd pricing schemes is to simply not buy the products. Theft of proprietary corporate information might not be as personally damaging as theft of sensitive personal information, but I don't believe that you can legitimately complain about corporations misusing your personally sensitive information if you yourself are abusing their proprietary information. Respecting privacy and ownership starts at home. Encouraging the practice by participating in it yourself will not garner more respect for rights to information.
I understand where you're coming from, but again, there is a huge difference here when it comes to personal information and corporate.

For example...  what's the difference between recording a song on the radio and downloading it?  Legally, there is no difference.  If you record something for future use without paying for it, you are technically breaking the law.  If you even show a movie to a large group of people without paying a licensing fee, that's illegal as well.

So, to me, this comes down to interpretation and intent.  Where do you draw the line?

Last edited by Turquoise (2009-04-18 14:55:58)

Aries_37
arrivederci frog
+368|6877|London
Copying. That's exactly what it is. Copying is morally different from stealing as noone is losing anything. The age old argument of 'I wouldn't have bought it even if I could afford it' makes a lot of sense. I get to use (perhaps enjoy) your stuff, you lose nothing, and my enjoyment of it affects you in no way whatsoever. If your greed doesn't like that (and it's perfectly human to not like it), then stop it. If you can't, as your product is immaterial and ridiculously easy to replicate perhaps then you will get only as much as you deserve. That's not to say that copying is or isn't right, or fair, I'm just distinguishing it from stealing which is always unequivocally wrong. The value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution.

The only undebateable reason why piracy is bad is because as someone has already said it could potentially discourage innovation if there are no guarantees that they will be paid for good work. But with movies people will pay to go to the cinema, and with music people will pay go to live gigs. The value of your product far transecends anything that can be reduced to a series of 0's and 1's. Which means there's not much risk of these industries failing to thrive at any time in the foreseeable future.

Which leaves only the video game industry. So let's take a look at this. At the moment, if anything, companies are being forced to try harder because in order to make a true shedload of money you actually have to turn out a good product. High piracy levels mean that your product is going to be scrutinized to a much higher level and their opinions of your product will count. You need to include multiplayer to force them to connect to the internet where you can monitor them, and you need to release patches regularly- again to make it more time consuming for people to crack. You are in effect raising the value of your product by making it easier to control it's distribution. If your control comes at the cost of the quality of the product (DRM) then that is also going to get you screwed. From a gamer's point of view I don't really see any real disadvantages to pirating, as least in the short term. The stream of PC games is not exactly thinning because publishers and developers will always be eager to squeeze every last penny from their product. Companies/groups can no longer hope to make money solely off false advertising or preying on curious impulse buyers. Electronic media is already riddled with legal exceptions such as being one of the few things that you cannot return to a store if you don't like it.

Anyway just my rather long winded 2c
konfusion
mostly afk
+480|6852|CH/BR - in UK

liquidat0r wrote:

... People are quite willing to pay for some, if not all of these things:
...
- RapidShare (or other file hosting websites)
...
People are willing to pay money for those services, but not to download/purchase legal music.
I pay for Rapidshare because lots of American TV Shows either: don't air here in the UK, air at ridiculous times where I'm not around to watch them, or aren't available to buy. I would love to pay a subscription - like the Zune service - to access unlimited amounts of music (and TV) on demand, but I can't.
Which means, yes, I do pirate. But only until I either can afford to buy the product (eg Season 1 of Heroes off of iTunes for 20 pounds in HD) or can find them. The way I pirate is "try before you buy". Every single game I ever pirated that I liked, I later went and bought. Even if I already beat it (like Crysis). I support my favorite artists by going to their shows, buying their CDs, and following them on whatever social medium they use.

What's my point? I think it's wrong to steal stuff. I think it's ok to do try before you buy, because you don't always know what you'll like. For example, I was listening to some random JRock on last.fm the other day, and found an artist I liked - and all the last.fm songs were great. I downloaded some of their albums, and the few songs on last.fm were the only good ones - so I got rid of their albums again.

Copying IS stealing if you're replacing buying with it. If you wouldn't have bought it anyway, or you simply want to try something out, you aren't breaking the system.

Admittedly, the pricing system is sort of broken in some areas, and piracy has helped bring innovation, but too much piracy may destroy certain areas of the market.

edit:
Forgot to address the OP xD
So, anyway: I don't think there's any reason why The Pirate Bay should be held accountable for something that various companies do, just because of their PR strategy. Google facilitates illegal downloads just as much as The Pirate Bay does - as do various other services.

-kon

Last edited by konfusion (2009-04-18 15:44:03)

mikkel
Member
+383|6903

Aries_37 wrote:

Copying. That's exactly what it is. Copying is morally different from stealing as noone is losing anything. The age old argument of 'I wouldn't have bought it even if I could afford it' makes a lot of sense. I get to use (perhaps enjoy) your stuff, you lose nothing, and my enjoyment of it affects you in no way whatsoever. If your greed doesn't like that (and it's perfectly human to not like it), then stop it. If you can't, as your product is immaterial and ridiculously easy to replicate perhaps then you will get only as much as you deserve. That's not to say that copying is or isn't right, or fair, I'm just distinguishing it from stealing which is always unequivocally wrong. The value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution.
Right here is why the rest of your sentiments don't matter.

Unauthorised distribution of software contra theft of physical objects is the difference between indirect and direct loss. It's loss in either case, and that means theft. You cannot hide behind traditional definitions of words that have not evolved with time and technology, as the concept defined by the words has covered misuse of immaterial property for centuries.

You cite "greed" as the main motivator for fighting piracy, and you say that unauthorised distribution doesn't affect the rights owners involved. Do you know what a business model is? Do you know how to project costs and profits in an environment where you cannot control your product? Unauthoirised distribution of any kind affects developers and publishers, as uncertainty of any kind in a market will make investment a significantly higher risk. Unauthorised distribution of software will always represent an intangible, immeasurable element of uncertainty, and will always discourage investment.

You also seem to have this strange illusion that it's good and fair that consumers decide how much a manufacturer "deserves" for a service or product. That's not how the real world works. I assume that in your world, your employer also gets to decide how much you "deserve" for your services by arbitrarily deciding whether or not to pay you? I mean, if a developer can spend his time making a product that you use without paying for it, why should your employer pay for the work that you spend your time on, right?

You can try to justify theft all you want, but you're still a thief.
GC_PaNzerFIN
Work and study @ Technical Uni
+528|6716|Finland

Hey. as long as the site/or some other tracker is up, I'm happy....

Without torrents I would have to wait ages (sometimes years) for tv series to show up here. And that is ridiculous.
3930K | H100i | RIVF | 16GB DDR3 | GTX 480 | AX750 | 800D | 512GB SSD | 3TB HDD | Xonar DX | W8
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

Unauthorised distribution of software contra theft of physical objects is the difference between indirect and direct loss. It's loss in either case, and that means theft. You cannot hide behind traditional definitions of words that have not evolved with time and technology, as the concept defined by the words has covered misuse of immaterial property for centuries.
This argument would be stronger if corporations took a more comprehensive look at how consumer rights should evolve as well.

For example, you can buy a car and then resell it.  You can buy a video game and then resell it.  You can buy a CD and then sell it.

So then, the question becomes, why can't you share something for free if you bought an original copy?

mikkel wrote:

You cite "greed" as the main motivator for fighting piracy, and you say that unauthorised distribution doesn't affect the rights owners involved. Do you know what a business model is? Do you know how to project costs and profits in an environment where you cannot control your product? Unauthoirised distribution of any kind affects developers and publishers, as uncertainty of any kind in a market will make investment a significantly higher risk. Unauthorised distribution of software will always represent an intangible, immeasurable element of uncertainty, and will always discourage investment.
The problem is that greed comes into play with certain actions made by groups like the RIAA.  Remember that case where the grandmother was about to be sued by them because her granddaughter had been using her computer to download music?

It's pretty clear that groups like the RIAA were less concerned about the complexity of the issue they face than they were at making examples out of people.  The dilemma they face is very difficult to deal with, but greed is clearly affecting their judgment.

mikkel wrote:

You also seem to have this strange illusion that it's good and fair that consumers decide how much a manufacturer "deserves" for a service or product. That's not how the real world works. I assume that in your world, your employer also gets to decide how much you "deserve" for your services by arbitrarily deciding whether or not to pay you? I mean, if a developer can spend his time making a product that you use without paying for it, why should your employer pay for the work that you spend your time on, right?

You can try to justify theft all you want, but you're still a thief.
Actually... as far as consumers go, that really is how it works.  Consumers do decide how much something is worth by whether or not they buy it.  Stealing is beside the issue when it comes to value, because if few people are willing to pay a certain price for something, that price has to come down.

Last edited by Turquoise (2009-04-18 16:30:34)

mikkel
Member
+383|6903

Turquoise wrote:

mikkel wrote:

Unauthorised distribution of software contra theft of physical objects is the difference between indirect and direct loss. It's loss in either case, and that means theft. You cannot hide behind traditional definitions of words that have not evolved with time and technology, as the concept defined by the words has covered misuse of immaterial property for centuries.
This argument would be stronger if corporations took a more comprehensive look at how consumer rights should evolve as well.

For example, you can buy a car and then resell it.  You can buy a video game and then resell it.  You can buy a CD and then sell it.

So then, the question becomes, why can't you share something for free if you bought an original copy?
At the end of the day, if you don't agree with how you stand as a customer, you simply don't have to be one. Companies rise on poor business practices and lousy customer service because people complain and voice their senses of entitlement, but still use the products anyway. It certainly does not give the consumer the right to steal the product.

Turquoise wrote:

mikkel wrote:

You cite "greed" as the main motivator for fighting piracy, and you say that unauthorised distribution doesn't affect the rights owners involved. Do you know what a business model is? Do you know how to project costs and profits in an environment where you cannot control your product? Unauthoirised distribution of any kind affects developers and publishers, as uncertainty of any kind in a market will make investment a significantly higher risk. Unauthorised distribution of software will always represent an intangible, immeasurable element of uncertainty, and will always discourage investment.
The problem is that greed comes into play with certain actions made by groups like the RIAA.  Remember that case where the grandmother was about to be sued by them because her daughter had been using her computer to download music?

It's pretty clear that groups like the RIAA were less concerned about the complexity of the issue they face than they were at making examples out of people.  The dilemma they face is very difficult to deal with, but greed is clearly affecting their judgment.
Of course greed is a factor for some elements, but "greed" is the motivator for most all commercial ventures. "Greed" has both positive and negative connotations, and if you have a lot of positive motivators, you will invariably have a few negative ones. This does not change the fact that the industry's problem with piracy isn't "greed" in the negative sense that the RIAA adopts it, but that it discourages investment, which has a negative influence on businesses and consumers alike.

Turquoise wrote:

mikkel wrote:

You also seem to have this strange illusion that it's good and fair that consumers decide how much a manufacturer "deserves" for a service or product. That's not how the real world works. I assume that in your world, your employer also gets to decide how much you "deserve" for your services by arbitrarily deciding whether or not to pay you? I mean, if a developer can spend his time making a product that you use without paying for it, why should your employer pay for the work that you spend your time on, right?

You can try to justify theft all you want, but you're still a thief.
Actually... as far as consumers go, that really is how it works.  Consumers do decide how much something is worth by whether or not they buy it.  Stealing is beside the issue when it comes to value, because if few people are willing to pay a certain price for something, that price has to come down.
Consumers don't decide how much a car is worth by not paying for one, but having one anyway. As Aries said in his post, ("the value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution") unauthorised distribution of an immaterial product decreases the value of the product. If you copy a piece of software illegally, you've devalued the product in the eyes of other potential customers. That is illegal, and not the way the real world works. In the real world, the manufacturer doesn't get what the customer thinks he "deserves" for his efforts. He gets what he charges his customers for, and very few commercial products are "worth" their prices in the eyes of consumers. The disparity between the two is a straight loss to the manufacturer.
Aries_37
arrivederci frog
+368|6877|London

mikkel wrote:

Aries_37 wrote:

Copying. That's exactly what it is. Copying is morally different from stealing as noone is losing anything. The age old argument of 'I wouldn't have bought it even if I could afford it' makes a lot of sense. I get to use (perhaps enjoy) your stuff, you lose nothing, and my enjoyment of it affects you in no way whatsoever. If your greed doesn't like that (and it's perfectly human to not like it), then stop it. If you can't, as your product is immaterial and ridiculously easy to replicate perhaps then you will get only as much as you deserve. That's not to say that copying is or isn't right, or fair, I'm just distinguishing it from stealing which is always unequivocally wrong. The value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution.
Right here is why the rest of your sentiments don't matter.

Unauthorised distribution of software contra theft of physical objects is the difference between indirect and direct loss. It's loss in either case, and that means theft. You cannot hide behind traditional definitions of words that have not evolved with time and technology, as the concept defined by the words has covered misuse of immaterial property for centuries.

You cite "greed" as the main motivator for fighting piracy, and you say that unauthorised distribution doesn't affect the rights owners involved. Do you know what a business model is? Do you know how to project costs and profits in an environment where you cannot control your product? Unauthoirised distribution of any kind affects developers and publishers, as uncertainty of any kind in a market will make investment a significantly higher risk. Unauthorised distribution of software will always represent an intangible, immeasurable element of uncertainty, and will always discourage investment.

You also seem to have this strange illusion that it's good and fair that consumers decide how much a manufacturer "deserves" for a service or product. That's not how the real world works. I assume that in your world, your employer also gets to decide how much you "deserve" for your services by arbitrarily deciding whether or not to pay you? I mean, if a developer can spend his time making a product that you use without paying for it, why should your employer pay for the work that you spend your time on, right?

You can try to justify theft all you want, but you're still a thief.
Well I don't really see how it is a loss to the company in any way that does not occur legally. It's about the same sort of loss to you as if I had walked straight past your product on a shelf in a store. I had no intention of paying the price you wanted for a copy of your work. It has zero potential for repercussions on your business. Is it fair that I get to enjoy something that you wanted money for, for nothing? Probably not. As I did say before I'm not condoning copying or piracy, but it is very different from stealing in that it is more morally grey. In terms of any possible loss to the company it a lot more like lending than stealing. When you lend something out the company who made it certainly won't be condoning it's use by parties other than yourself, as that could be a potential indirect loss as you would put it. If you then imagine that the product will most likely only be used once and is easily transferrable between friends you have got yourself a semi decent analogy of software piracy. Is your friend stealing? How about if he had no intention of buying it either way? Is it fair that he gets it's full use just because he is fortunate enough to have a friend like you?

Of course unauthorized distribution will hurt investments, that's because the product itself is poorly conceived in that there is no way to control it's distribution. Any product that is easily copied, intellectually or otherwise is not a product with much value to an investor, whatever you want it to be worth. Should laws intervene to make such poorly thought out products viable? Should laws add the missing dynamic that the product needs to allow it's developers to charge whatever they want for it? Or should the product, like all other products and services come with their own intrinsic value that is due to it's own difficulty to replicate as well as there being a base demand for it. Surely this is how a real free market should operate? You can make an exact replica of a rolex and give it out for free but people will still want the real thing. That is because there is more value to the product than it's base function. That is what constitutes a good product that will make money. Not to mention that noone could replicate a rolex without a substantial cost and distribute it freely without a substantial loss. Like I said before movies and music can have this intrinsic quality, but video games do not. Moreover when you consider that most entertainment media is incredibly subjective, falsely advertised and cannot be refunded as retailers are too scared you will copy it- now the product not only has poor control but it's quality is questionable too. Should a product or service's price be based on what people are willing to pay for it? If you want it to sell it should. Doctors would be the first out on the streets if people worked out a way to treat themselves.
BN
smells like wee wee
+159|7070
I download TV shows that are not on Australian TV.

Australian TV is full of rubbish and its hard to get quality programming.

I dont see how that effects anyone.
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

At the end of the day, if you don't agree with how you stand as a customer, you simply don't have to be one. Companies rise on poor business practices and lousy customer service because people complain and voice their senses of entitlement, but still use the products anyway. It certainly does not give the consumer the right to steal the product.
Well, that argument might work for the purposes of this topic, but be careful where that logic takes you.  For example, you could say the same for healthcare, but people don't really have much of a choice there.  In many cases, it's take the treatment or die.

So, it is a slippery slope to assume that consumers have full control over the quality of a product via demand.  They have more control over pricing than quality.

mikkel wrote:

Of course greed is a factor for some elements, but "greed" is the motivator for most all commercial ventures. "Greed" has both positive and negative connotations, and if you have a lot of positive motivators, you will invariably have a few negative ones. This does not change the fact that the industry's problem with piracy isn't "greed" in the negative sense that the RIAA adopts it, but that it discourages investment, which has a negative influence on businesses and consumers alike.
True, but the way they've chosen to handle the problem has had a lot of negative consequences.  If you want to see an extreme example, look at the extremely fascistic policy that New Zealand has allowed telecoms to adopt.

mikkel wrote:

Consumers don't decide how much a car is worth by not paying for one, but having one anyway. As Aries said in his post, ("the value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution") unauthorised distribution of an immaterial product decreases the value of the product. If you copy a piece of software illegally, you've devalued the product in the eyes of other potential customers. That is illegal, and not the way the real world works. In the real world, the manufacturer doesn't get what the customer thinks he "deserves" for his efforts. He gets what he charges his customers for, and very few commercial products are "worth" their prices in the eyes of consumers. The disparity between the two is a straight loss to the manufacturer.
By choosing to buy something, you have decided it is worth the price you paid for it.  If you don't believe it's worth what you paid, then why would you buy it?
mikkel
Member
+383|6903

Aries_37 wrote:

mikkel wrote:

Aries_37 wrote:

Copying. That's exactly what it is. Copying is morally different from stealing as noone is losing anything. The age old argument of 'I wouldn't have bought it even if I could afford it' makes a lot of sense. I get to use (perhaps enjoy) your stuff, you lose nothing, and my enjoyment of it affects you in no way whatsoever. If your greed doesn't like that (and it's perfectly human to not like it), then stop it. If you can't, as your product is immaterial and ridiculously easy to replicate perhaps then you will get only as much as you deserve. That's not to say that copying is or isn't right, or fair, I'm just distinguishing it from stealing which is always unequivocally wrong. The value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution.
Right here is why the rest of your sentiments don't matter.

Unauthorised distribution of software contra theft of physical objects is the difference between indirect and direct loss. It's loss in either case, and that means theft. You cannot hide behind traditional definitions of words that have not evolved with time and technology, as the concept defined by the words has covered misuse of immaterial property for centuries.

You cite "greed" as the main motivator for fighting piracy, and you say that unauthorised distribution doesn't affect the rights owners involved. Do you know what a business model is? Do you know how to project costs and profits in an environment where you cannot control your product? Unauthoirised distribution of any kind affects developers and publishers, as uncertainty of any kind in a market will make investment a significantly higher risk. Unauthorised distribution of software will always represent an intangible, immeasurable element of uncertainty, and will always discourage investment.

You also seem to have this strange illusion that it's good and fair that consumers decide how much a manufacturer "deserves" for a service or product. That's not how the real world works. I assume that in your world, your employer also gets to decide how much you "deserve" for your services by arbitrarily deciding whether or not to pay you? I mean, if a developer can spend his time making a product that you use without paying for it, why should your employer pay for the work that you spend your time on, right?

You can try to justify theft all you want, but you're still a thief.
Well I don't really see how it is a loss to the company in any way that does not occur legally. It's about the same sort of loss to you as if I had walked straight past your product on a shelf in a store. I had no intention of paying the price you wanted for a copy of your work. It has zero potential for repercussions on your business.
Not only is it still a loss to the company, as you still figure into the element of uncertainty that makes their industry a risky investment, but, again, as you yourself said, whenever anyone copies a product and obtains it for free, it loses perceived value. You're part of the many millions of people out there who steal products and use them for free, who make people looking at buying the product think twice about paying for something that everyone else got for free by stealing it. It has massive repercussions. You're trying to justify stealing a service simply because you wouldn't have paid for it in the first place. Any way you try to look at that, it's theft, and it hurts the manufacturers.

Aries_37 wrote:

Is it fair that I get to enjoy something that you wanted money for, for nothing? Probably not. As I did say before I'm not condoning copying or piracy, but it is very different from stealing in that it is more morally grey. In terms of any possible loss to the company it a lot more like lending than stealing. When you lend something out the company who made it certainly won't be condoning it's use by parties other than yourself, as that could be a potential indirect loss as you would put it. If you then imagine that the product will most likely only be used once and is easily transferrable between friends you have got yourself a semi decent analogy of software piracy. Is your friend stealing? How about if he had no intention of buying it either way? Is it fair that he gets it's full use just because he is fortunate enough to have a friend like you?
That absolutely does not make sense. You're trying to argue that stealing isn't stealing just because the thief didn't want to pay for the product. You just justified pretty much any form of theft anywhere.

Aries_37 wrote:

Of course unauthorized distribution will hurt investments, that's because the product itself is poorly conceived in that there is no way to control it's distribution. Any product that is easily copied, intellectually or otherwise is not a product with much value to an investor, whatever you want it to be worth.
That's such a poor, failing logic that I don't know where to begin. Are you trying to tell me that software companies have been of little value to investors throughout history?

Aries_37 wrote:

Should laws intervene to make such poorly thought out products viable?
If you're suggesting that what makes a product "poorly thought out" is that people are likely to steal it, then I'm afraid law has already intervened on the side of manufacturers. You see, there are laws against theft.


Aries_37 wrote:

Should laws add the missing dynamic that the product needs to allow it's developers to charge whatever they want for it?
If the "missing dynamic" is being able to release a product without fear of it being stolen on a massive scale, then look above.

Aries_37 wrote:

Or should the product, like all other products and services come with their own intrinsic value that is due to it's own difficulty to replicate as well as there being a base demand for it.
It has nothing to do with the difficulty involved in replicating a product. Entertainment media thrives on replication, and entertainment media has its own intrinsic value that is due to the public perception of the product, and the demand that it generates. If you think that digital media derives value from being difficult to replicate, then you obviously have no understanding of how the market works.


Aries_37 wrote:

Surely this is how a real free market should operate? You can make an exact replica of a rolex and give it out for free but people will still want the real thing. That is because there is more value to the product than it's base function. That is what constitutes a good product that will make money.
You talk about this like everyone is guided by a strong moral compass. Media piracy is actively serving to remove any value from the media beyond the bits that make it up, and those can be had for free through theft that millions of people encourage. The number of people who will illegally copy a game and buy a legal copy if they like it is a fraction of the people who illegally copy games and keep them, regardless of whether or not they like them. If you're trying to pass off theft as being integral to a free market, you're failing.



Aries_37 wrote:

Not to mention that noone could replicate a rolex without a substantial cost and distribute it freely without a substantial loss. Like I said before movies and music can have this intrinsic quality, but video games do not. Moreover when you consider that most entertainment media is incredibly subjective, falsely advertised and cannot be refunded as retailers are too scared you will copy it- now the product not only has poor control but it's quality is questionable too. Should a product or service's price be based on what people are willing to pay for it? If you want it to sell it should. Doctors would be the first out on the streets if people worked out a way to treat themselves.
I find it hilarious that you cite free market values, and then argue that manufacturers shouldn't be able to set the price for their own products. You seem to think that entertainment media doesn't sell. I'm afraid that you're dead wrong. It does sell, in massive quantities, and people are willing to pay for it. YOU may not be willing to pay for it, but if you try to justify theft because of this, and if you try to blame the product for having qualities that you don't like, you're reeking of a sense of entitlement that I really cannot take seriously.
mikkel
Member
+383|6903

Turquoise wrote:

mikkel wrote:

At the end of the day, if you don't agree with how you stand as a customer, you simply don't have to be one. Companies rise on poor business practices and lousy customer service because people complain and voice their senses of entitlement, but still use the products anyway. It certainly does not give the consumer the right to steal the product.
Well, that argument might work for the purposes of this topic, but be careful where that logic takes you.  For example, you could say the same for healthcare, but people don't really have much of a choice there.  In many cases, it's take the treatment or die.

So, it is a slippery slope to assume that consumers have full control over the quality of a product via demand.  They have more control over pricing than quality.
This is simply not a situation that you can avoid. If it's socialised, you're at the mercy of the government, and if it's publicised, you're at the mercy of the corporations. It's silly to argue against the necessary dynamics of a market by citing the worst case scenarios.

Turquoise wrote:

mikkel wrote:

Of course greed is a factor for some elements, but "greed" is the motivator for most all commercial ventures. "Greed" has both positive and negative connotations, and if you have a lot of positive motivators, you will invariably have a few negative ones. This does not change the fact that the industry's problem with piracy isn't "greed" in the negative sense that the RIAA adopts it, but that it discourages investment, which has a negative influence on businesses and consumers alike.
True, but the way they've chosen to handle the problem has had a lot of negative consequences.  If you want to see an extreme example, look at the extremely fascistic policy that New Zealand has allowed telecoms to adopt.
Undoubtedly, but you cannot on one hand argue against the developers and manufacturers by saying that their actions have negative consequences, and on the other hand argue that it's completely okay to steal products with negative consequences to the developers and manufacturers. I'm against both, and I don't see how it's possible to defend one, but not the other.

Turquoise wrote:

mikkel wrote:

Consumers don't decide how much a car is worth by not paying for one, but having one anyway. As Aries said in his post, ("the value of anything is not just based on how good it is, it's also based on how rare and how easy it is to control it's distribution") unauthorised distribution of an immaterial product decreases the value of the product. If you copy a piece of software illegally, you've devalued the product in the eyes of other potential customers. That is illegal, and not the way the real world works. In the real world, the manufacturer doesn't get what the customer thinks he "deserves" for his efforts. He gets what he charges his customers for, and very few commercial products are "worth" their prices in the eyes of consumers. The disparity between the two is a straight loss to the manufacturer.
By choosing to buy something, you have decided it is worth the price you paid for it.  If you don't believe it's worth what you paid, then why would you buy it?
I don't think that 18 fl oz of soda is worth the $3.50 that I'm charged for it here, but I'll buy it anyway, because I want the product. I haven't decided that it's worth the price I paid, I simply decided that I'm willing to pay the price I paid. The difference between what a product is worth and what consumers are willing to pay is the amount that forms the basis for the manufacturer turning a profit. No profit, no manufacturer, no product. That isn't exclusive to the media industry, so why should only the media industry not be allowed to set prices that they feel people are willing to pay?

Last edited by mikkel (2009-04-19 02:01:47)

konfusion
mostly afk
+480|6852|CH/BR - in UK

Oh, by the way - anyone who thinks piracy has no consequences: look at the different countries that are either monitoring internet usage, capping it, or filtering the internet. The same way people will always find a way around the law, the government will always find another way to make our lives more difficult - and the worst thing is that people who don't pirate are still targeted.

-kon
Turquoise
O Canada
+1,596|6707|North Carolina

mikkel wrote:

This is simply not a situation that you can avoid. If it's socialised, you're at the mercy of the government, and if it's publicised, you're at the mercy of the corporations. It's silly to argue against the necessary dynamics of a market by citing the worst case scenarios.
It's also silly to believe that consumers have much control over the quality of a product when the industry itself is highly oligopolistic.

mikkel wrote:

Undoubtedly, but you cannot on one hand argue against the developers and manufacturers by saying that their actions have negative consequences, and on the other hand argue that it's completely okay to steal products with negative consequences to the developers and manufacturers. I'm against both, and I don't see how it's possible to defend one, but not the other.
There's a difference between defending piracy and disagreeing with how companies deal with it.  What I'm suggesting is that companies find ways other than suing everyone or getting the government to create policies that do far more damage to civil liberties than any piracy could.

mikkel wrote:

I don't think that 18 fl oz of soda is worth the $3.50 that I'm charged for it here, but I'll buy it anyway, because I want the product. I haven't decided that it's worth the price I paid, I simply decided that I'm willing to pay the price I paid. The difference between what a product is worth and what consumers are willing to pay is the amount that forms the basis for the manufacturer turning a profit. No profit, no manufacturer, no product. That isn't exclusive to the media industry, so why should only the media industry not be allowed to set prices that they feel people are willing to pay?
Then you operate differently than me and a lot of other people.  I'm not going to buy something if I don't feel it's worth the price I paid.  Intrinsically, you are right to an extent, but in practicality, I'm correct.
Turquoise
O Canada
+1,596|6707|North Carolina

konfusion wrote:

Oh, by the way - anyone who thinks piracy has no consequences: look at the different countries that are either monitoring internet usage, capping it, or filtering the internet. The same way people will always find a way around the law, the government will always find another way to make our lives more difficult - and the worst thing is that people who don't pirate are still targeted.

-kon
I would argue these policies would have come about anyway without piracy, because they usually generate more profit than not implementing them.

Still, I would agree that piracy has somewhat accelerated the rate at which these policies have come about.
Braddock
Agitator
+916|6592|Éire
On a sidenote, here's a snapshot of the Republican Party's views on piracy...

Don Henley battles Republicans over YouTube video

YouTube has become the battleground in a copyright fight between singer Don Henley and a Republican candidate for the U.S. Senate in California. Henley, one of the founders of rock group The Eagles, has filed a lawsuit accusing Senate candidate Charles DeVore of violating his copyright. DeVore allegedly used two of Henley's hit songs "The Boys of Summer" and "All She Wants to Do Is Dance" in two YouTube campaign videos without authorization. "Don Henley and Mike Campbell (Henley's producer) brought this action to protect their song, 'The Boys of Summer,' which was taken and used without their permission," Henley's spokesman told CNN. "The infringers have vowed to continue exploiting this and other copyrighted works, as it suits them, to further their own ambitions and agenda. It was necessary to file a lawsuit to stop them."

"We're responding with a counter-claim, asserting our First Amendment right to political free speech," DeVore said on his site. "While the legal issues play out, it's time to up the ante on Mr. Henley's liberal goon tactics. By popular request, I have penned the words to our new parody song."

Leading up to the lawsuit, YouTube had removed DeVore's videos at Henley's request. DeVore then challenged Henley's claims and the videos went back up. YouTube informed Henley that it would only again remove the clips if he filed a lawsuit. This isn't the first time a Republican has been accused of violating copyright for using music without authorization. Singer Jackson Browne filed suit against former Republican presidential nominee John McCain for allegedly using the song "Running on Empty" to attack Barack Obama in a campaign video.


...wouldn't it be ironic if a landmark ruling involving a Republican political campaign inadvertently legalised copyright infringement!
Poseidon
Fudgepack DeQueef
+3,253|6840|Long Island, New York
McCain had a lot of problems with using songs that he wasn't given permission to use IIRC. Springsteen's "Born in the USA" was one he used without The Boss's permission either (and Springsteen was a major Obama supporter).

Board footer

Privacy Policy - © 2025 Jeff Minard