Cybargs
Moderated
+2,285|6956

Cheez wrote:

Jaekus wrote:

AussieReaper wrote:


For which country?

Or are you going to argue that US law should apply to me but Sweedish copyright law doesn't?
You live in Australia. Why would Swedish law apply
Why would American law? That's what he's asking.

Jaekus wrote:

when international copyright here applies regardless of where the copyrighted material was produced?
Why do you think Sweden can disregard this 'international law'? Maybe because it's not international?
Australian copyright laws are practically the same if not worst than American ones. Australia, being a signatory of the WTO and TRIPS abide by an international standard of IP laws.

http://www.dfat.gov.au/ip/index.html

As a trading nation with a strong research tradition and a need for access to new technologies, Australia has interests in the agreed international standards on the protection and exploitation of intellectual property rights.
Some laws can be extended beyond jurisdiction, such as getting your ass extradited to the US for stealing US corporate property in Australia.
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HITNRUNXX
Member
+220|6949|Oklahoma City
Piracy is by definition:

http://www.merriam-webster.com/dictionary/piracy wrote:

the unauthorized use of another's production, invention, or conception especially in infringement of a copyright
It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
Jaekus
I'm the matchstick that you'll never lose
+957|5418|Sydney

Cybargs wrote:

Australian copyright laws are practically the same if not worst than American ones.
Worse?? You'd change your tune if your livelihood depended on royalties and performance payments. Sounds like you're trying to make copyright infringement sound like it's some entitled right. But please, correct me if I'm wrong.
mikkel
Member
+383|6841

HITNRUNXX wrote:

Piracy is by definition:

http://www.merriam-webster.com/dictionary/piracy wrote:

the unauthorized use of another's production, invention, or conception especially in infringement of a copyright
It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
What if you let me copy an MP3 of yours and told me that I had to delete it after an hour? Would I still have stolen it from you if I kept it for 6 months? The major argument, both legally and ethically, is that a copy isn't a tangible thing that anyone is deprived of. There's a legal distinction between copyright infringement and theft precisely for that reason, and the fundamental case made for criminalising theft also raises an ethical distinction between the two. It's no place for a car analogy.

Last edited by mikkel (2011-11-03 09:17:27)

Cybargs
Moderated
+2,285|6956

Jaekus wrote:

Cybargs wrote:

Australian copyright laws are practically the same if not worst than American ones.
Worse?? You'd change your tune if your livelihood depended on royalties and performance payments. Sounds like you're trying to make copyright infringement sound like it's some entitled right. But please, correct me if I'm wrong.
Bad word choice on my part. Should be "stricter" or enforced more harshly ala Ruddkipps internats filter to prevent piracy and trying to get ISPs to cut of people's internats if found pirating software.
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HITNRUNXX
Member
+220|6949|Oklahoma City

mikkel wrote:

HITNRUNXX wrote:

Piracy is by definition:

http://www.merriam-webster.com/dictionary/piracy wrote:

the unauthorized use of another's production, invention, or conception especially in infringement of a copyright
It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
What if you let me copy an MP3 of yours and told me that I had to delete it after an hour? Would I still have stolen it from you if I kept it for 6 months? The major argument, both legally and ethically, is that a copy isn't a tangible thing that anyone is deprived of. There's a legal distinction between copyright infringement and theft precisely for that reason, and the fundamental case made for criminalising theft also raises an ethical distinction between the two. It's no place for a car analogy.
No, it would be more like if I loaned you my friend's car and told you to have it back in an hour... I don't own any right to MP3s to loan them out...

Services are not a tangible product either... How would feel about being a mechanic and replacing someone's transmission and them only paying you for the parts, not the labor... By your argument, you aren't doing anything wrong...

Companies produce things to make money. Music, books, cars, movies, whatever. When you eliminate that need to pay them for their product, you are eliminating their income.

I hate the "They are rich anyway and we are entitled to whatever we want" attitude toward piracy...
Winston_Churchill
Bazinga!
+521|6979|Toronto | Canada

Its not the same thing at all.  If you loan out a car you are deprived of it until I return it.  Plus there are tons of other factors such as wear and tear, gas usage, etc when it comes to something physical like that.

When you give somebody a mp3 you arent deprived of it in any way whatsoever.  Its simply a poor analogy
HITNRUNXX
Member
+220|6949|Oklahoma City
Sure it is. It is costing someone else money outside of their control. That is the analogy. Giving away things you don't have the rights to give away.

The services part of my analogy covers the intangible part of the argument.

Come mow my lawn for me... Use my equipment, my mower, my gas... According to you, I don't need to pay you for it because there is nothing tangible being left at my house for me to use.
Winston_Churchill
Bazinga!
+521|6979|Toronto | Canada

Thats a better analogy.  The car one just doesnt make sense.
HITNRUNXX
Member
+220|6949|Oklahoma City

Winston_Churchill wrote:

Its not the same thing at all.  If you loan out a car you are deprived of it until I return it.  Plus there are tons of other factors such as wear and tear, gas usage, etc when it comes to something physical like that.

When you give somebody a mp3 you arent deprived of it in any way whatsoever.  Its simply a poor analogy
Besides that, your argument basically says you are allowed to steal whatever you want as long as the people you steal from don't notice it missing, and therefore are not deprived of it.

Hey, I know you have that cash in your safe, but I am going to take it. I am not guilty of stealing until you need it... As long as you never notice it stolen, I never actually stole...

Like the idiots that say "It is only against the law if you get caught."
mikkel
Member
+383|6841

HITNRUNXX wrote:

mikkel wrote:

HITNRUNXX wrote:

Piracy is by definition:


It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
What if you let me copy an MP3 of yours and told me that I had to delete it after an hour? Would I still have stolen it from you if I kept it for 6 months? The major argument, both legally and ethically, is that a copy isn't a tangible thing that anyone is deprived of. There's a legal distinction between copyright infringement and theft precisely for that reason, and the fundamental case made for criminalising theft also raises an ethical distinction between the two. It's no place for a car analogy.
No, it would be more like if I loaned you my friend's car and told you to have it back in an hour... I don't own any right to MP3s to loan them out...

Services are not a tangible product either... How would feel about being a mechanic and replacing someone's transmission and them only paying you for the parts, not the labor... By your argument, you aren't doing anything wrong...
Services aren't tangible? That's a fairly outrageous claim. When you start with a new transmission and a car with a broken transmission, and end up with a broken transmission and a car with a new transmission, then you have something tangible. I'm also not sure what you mean when you say "by my argument." I haven't made any assertions regarding the ethics of not paying for services. All I'm doing is highlighting the differences between theft and copyright infringement.
HITNRUNXX
Member
+220|6949|Oklahoma City
The services are not tangible, only the results of the service.

If you count that as tangible, then you can as easily say "The bits on your harddrive that resulted from you copying that file are tangible because the results allow you to listen to a song."
Winston_Churchill
Bazinga!
+521|6979|Toronto | Canada

HITNRUNXX wrote:

Winston_Churchill wrote:

Its not the same thing at all.  If you loan out a car you are deprived of it until I return it.  Plus there are tons of other factors such as wear and tear, gas usage, etc when it comes to something physical like that.

When you give somebody a mp3 you arent deprived of it in any way whatsoever.  Its simply a poor analogy
Besides that, your argument basically says you are allowed to steal whatever you want as long as the people you steal from don't notice it missing, and therefore are not deprived of it.

Hey, I know you have that cash in your safe, but I am going to take it. I am not guilty of stealing until you need it... As long as you never notice it stolen, I never actually stole...

Like the idiots that say "It is only against the law if you get caught."
Again, not at all since you directly deprived me of physical money.  You could say, copy a text file from my computer an I wouldnt care.  You could copy my class notes and I wouldnt mind.  You could copy my money from my safe and you'd... be stupid.

Notice the difference of "taking" and "copying"
HITNRUNXX
Member
+220|6949|Oklahoma City

Winston_Churchill wrote:

HITNRUNXX wrote:

Winston_Churchill wrote:

Its not the same thing at all.  If you loan out a car you are deprived of it until I return it.  Plus there are tons of other factors such as wear and tear, gas usage, etc when it comes to something physical like that.

When you give somebody a mp3 you arent deprived of it in any way whatsoever.  Its simply a poor analogy
Besides that, your argument basically says you are allowed to steal whatever you want as long as the people you steal from don't notice it missing, and therefore are not deprived of it.

Hey, I know you have that cash in your safe, but I am going to take it. I am not guilty of stealing until you need it... As long as you never notice it stolen, I never actually stole...

Like the idiots that say "It is only against the law if you get caught."
Again, not at all since you directly deprived me of physical money.  You could say, copy a text file from my computer an I wouldnt care.  You could copy my class notes and I wouldnt mind.  You could copy my money from my safe and you'd... be stupid.

Notice the difference of "taking" and "copying"
No, that is exactly my point... You ARE depriving the companies that license those songs from money... They just never notice it, so it must be ok.
HITNRUNXX
Member
+220|6949|Oklahoma City

mikkel wrote:

Services aren't tangible? That's a fairly outrageous claim.
Also, FYI, in most states, services are not taxable, because they are legally defined as not tangible...

That is why I don't have to pay tax on my lawn care, mechanic labor, hair cuts, etc...

So that isn't even an argument, that is already defined.
mikkel
Member
+383|6841

HITNRUNXX wrote:

mikkel wrote:

Services aren't tangible? That's a fairly outrageous claim.
Also, FYI, in most states, services are not taxable, because they are legally defined as not tangible...

That is why I don't have to pay tax on my lawn care, mechanic labor, hair cuts, etc...

So that isn't even an argument, that is already defined.
We're not talking about what's tangible in a legal sense. We're talking about what's tangible in a literal sense. In fact, I'm not even interested in talking about whether or not services are tangible. All I've mentioned is that a digital copy really isn't a tangible thing. You're moving pretty far from the post of mine that you replied to.

Last edited by mikkel (2011-11-03 12:03:03)

HITNRUNXX
Member
+220|6949|Oklahoma City

mikkel wrote:

We're not talking about what's tangible in a legal sense. We're talking about what's tangible in a literal sense. You're moving pretty far from the post of mine that you replied to.
Oookkkay, then services LITERALLY are not tangible... I can't resell you cutting my lawn. I don't own you cutting my lawn... You did it and it is done...

Legally or literally...

I am responding to the post as a whole... To you specifically, I was stating that there is a LEGAL difference between "Stealing" and "Unauthorized Use" but that they are both still illegal, and they both equate to the same thing.

You are taking it down to an individual level of "Did person A steal from Person B?" The obvious answer to that is NO.
However, the topic as a whole is really more about "Did Person A steal from COMPANY A by pirating from Person B?" Then the answer is really yes... However you look at it... Taking actual tangible money away from them, or allowing unauthorized use, they are still taking something from the company that owns those rights without permission.
Jay
Bork! Bork! Bork!
+2,006|5598|London, England

HITNRUNXX wrote:

mikkel wrote:

Services aren't tangible? That's a fairly outrageous claim.
Also, FYI, in most states, services are not taxable, because they are legally defined as not tangible...

That is why I don't have to pay tax on my lawn care, mechanic labor, hair cuts, etc...

So that isn't even an argument, that is already defined.
They have to pay taxes on their income. That cost is passed on to you.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
HITNRUNXX
Member
+220|6949|Oklahoma City

Jay wrote:

HITNRUNXX wrote:

mikkel wrote:

Services aren't tangible? That's a fairly outrageous claim.
Also, FYI, in most states, services are not taxable, because they are legally defined as not tangible...

That is why I don't have to pay tax on my lawn care, mechanic labor, hair cuts, etc...

So that isn't even an argument, that is already defined.
They have to pay taxes on their income. That cost is passed on to you.
I am sure they do pass those costs along... But regardless, it is not legally taxable.

Plus, that raises their income and makes them pay more taxes...  Walmart doesn't pay income tax on their sales tax... Different category.

Last edited by HITNRUNXX (2011-11-03 12:11:13)

mikkel
Member
+383|6841

HITNRUNXX wrote:

mikkel wrote:

We're not talking about what's tangible in a legal sense. We're talking about what's tangible in a literal sense. You're moving pretty far from the post of mine that you replied to.
Oookkkay, then services LITERALLY are not tangible... I can't resell you cutting my lawn. I don't own you cutting my lawn... You did it and it is done...

Legally or literally...
What? Being tangible literally means being real, and not imaginary. Something able to be shown or handled. You can demonstrate a cut lawn. You can demonstrate a haircut. You can demonstrate a fixed transmission. Effort went into making it the way that it is.

HITNRUNXX wrote:

I am responding to the post as a whole... To you specifically, I was stating that there is a LEGAL difference between "Stealing" and "Unauthorized Use" but that they are both still illegal, and they both equate to the same thing.
No, you specifically compared copyright infringement with the theft of a car. Those most certainly do not equate to the same thing. One is the unlawful appropriation of a tangible asset that the owner is deprived of, while the other removes nothing tangible from the owner. You can argue about potential loss of profit, violation of control, and any other consequence of copyright infringement, but you can't lump it in the same category as general theft. It's neither legally or ethically identical, and that's why it's handled differently, both legally and ethically.
HITNRUNXX
Member
+220|6949|Oklahoma City

mikkel wrote:

What? Being tangible literally means being real, and not imaginary. Something able to be shown or handled. You can demonstrate a cut lawn. You can demonstrate a haircut. You can demonstrate a fixed transmission. Effort went into making it the way that it is.

HITNRUNXX wrote:

I am responding to the post as a whole... To you specifically, I was stating that there is a LEGAL difference between "Stealing" and "Unauthorized Use" but that they are both still illegal, and they both equate to the same thing.
No, you specifically compared copyright infringement with the theft of a car. Those most certainly do not equate to the same thing. One is the unlawful appropriation of a tangible asset that the owner is deprived of, while the other removes nothing tangible from the owner. You can argue about potential loss of profit, violation of control, and any other consequence of copyright infringement, but you can't lump it in the same category as general theft. It's neither legally or ethically identical, and that's why it's handled differently, both legally and ethically.
Read up a little more... I was comparing unauthorized use:

HITNRUNXX wrote:

Piracy is by definition:

http://www.merriam-webster.com/dictionary/piracy wrote:

the unauthorized use of another's production, invention, or conception especially in infringement of a copyright
It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
YOU replied to my post... Not the other way around... I stick by what I said. In LAW there is a difference in between  STEALING (Car example) and Unauthorized Use (Car example). Ethically, it is the same thing.

Stop saying what things mean when you have no clue.

STEALING:

http://www.merriam-webster.com/dictionary/stealing wrote:

... to take the property of another wrongfully and especially as a habitual or regular practice
...to take or appropriate without right or leave and with intent to keep or make use of wrongfully <stole a car>
...to take surreptitiously or without permission
Ethically or Legally, how can those not apply to what you are doing to the company that you take their property without permission? Play semantics all day long. Justify piracy all day long... It is the same thing in the end.

TANGIBLE:

http://www.merriam-webster.com/dictionary/tangible?show=0&t=1320352554 wrote:

1
a : capable of being perceived especially by the sense of touch : palpable
b : substantially real : material
THE ACT of cutting my lawn is not TANGIBLE. The results can be seen/felt/whatever afterwards, but the SERVICE can't be.

SERVICE:

http://www.merriam-webster.com/dictionary/service wrote:

1: the act of serving: as a : a helpful act <did him a service>
b : useful labor that does not produce a tangible commodity —usually used in plural <charge for professional services>
READ b again. Now read it again. Now read it again. SERVICE is NOT TANGIBLE by definition... Literally, legally, ethically, however you want to look at it, you obviously don't know what the word means.
mikkel
Member
+383|6841

HITNRUNXX wrote:

mikkel wrote:

What? Being tangible literally means being real, and not imaginary. Something able to be shown or handled. You can demonstrate a cut lawn. You can demonstrate a haircut. You can demonstrate a fixed transmission. Effort went into making it the way that it is.

HITNRUNXX wrote:

I am responding to the post as a whole... To you specifically, I was stating that there is a LEGAL difference between "Stealing" and "Unauthorized Use" but that they are both still illegal, and they both equate to the same thing.
No, you specifically compared copyright infringement with the theft of a car. Those most certainly do not equate to the same thing. One is the unlawful appropriation of a tangible asset that the owner is deprived of, while the other removes nothing tangible from the owner. You can argue about potential loss of profit, violation of control, and any other consequence of copyright infringement, but you can't lump it in the same category as general theft. It's neither legally or ethically identical, and that's why it's handled differently, both legally and ethically.
Read up a little more... I was comparing unauthorized use:

HITNRUNXX wrote:

Piracy is by definition:

http://www.merriam-webster.com/dictionary/piracy wrote:

the unauthorized use of another's production, invention, or conception especially in infringement of a copyright
It is not technically stealing, but it is in every ethical way...

Exactly like if I loan you my car, and say I need it back in an hour, and you keep it for 6 months and refuse to give it back to me. You did not STEAL my car, and you can not be charged with STEALING my car... You would be charged with Unauthorized Use of a Motor Vehicle...

But come on... You stole my car.
YOU replied to my post... Not the other way around... I stick by what I said. In LAW there is a difference in between  STEALING (Car example) and Unauthorized Use (Car example). Ethically, it is the same thing.
You can't get around this by comparing "unauthorised use" of a copyrighted work with grand theft auto.  Ethically it is not at all the same. The fundamental ethical motivation for penalising material theft is not that the perpetrator gains what he stole, but that the victim is deprived of his possession. In the case of copyright infringement, the victim is not directly deprived of any possession, and all losses are either speculative or rights based. It's a different ethical problem, it's a different legal problem, and that's why it's legislated separately from material theft.

HITNRUNXX wrote:

Stop saying what things mean when you have no clue.
I have a dictionary, too.

HITNRUNXX wrote:

STEALING:

http://www.merriam-webster.com/dictionary/stealing wrote:

... to take the property of another wrongfully and especially as a habitual or regular practice
...to take or appropriate without right or leave and with intent to keep or make use of wrongfully <stole a car>
...to take surreptitiously or without permission
Ethically or Legally, how can those not apply to what you are doing to the company that you take their property without permission? Play semantics all day long. Justify piracy all day long... It is the same thing in the end.

http://dictionary.cambridge.org/dictionary/british/theft wrote:

theft
noun
/θeft/ [C or U]

(the act of) dishonestly taking something which belongs to someone else and keeping it
Semantics? There are obvious ethical differences. You won't get anywhere by arguing that they're semantic. Additionally; justify piracy? Where do you see me justifying piracy?

HITNRUNXX wrote:

TANGIBLE:

http://www.merriam-webster.com/dictionary/tangible?show=0&t=1320352554 wrote:

1
a : capable of being perceived especially by the sense of touch : palpable
b : substantially real : material
THE ACT of cutting my lawn is not TANGIBLE. The results can be seen/felt/whatever afterwards, but the SERVICE can't be.

http://dictionary.cambridge.org/dictionary/british/tangible wrote:

tangible
adjective
/ˈtæn.dʒə.bl ̩/

real or not imaginary; able to be shown, touched or experienced
Shown, touched or experienced. Your freshly mowed lawn can be shown and experienced in the state it was brought to by a service. There's a tangible difference between the lawn before it was mowed, and after it was mowed, offered by the service. You can experience the service, too, if you like watching lawns being mowed.

HITNRUNXX wrote:

SERVICE:

http://www.merriam-webster.com/dictionary/service wrote:

1: the act of serving: as a : a helpful act <did him a service>
b : useful labor that does not produce a tangible commodity —usually used in plural <charge for professional services>
READ b again. Now read it again. Now read it again. SERVICE is NOT TANGIBLE by definition... Literally, legally, ethically, however you want to look at it, you obviously don't know what the word means.
It does not produce a tangible commodity. The service itself is clearly tangible. If you had a service done that was not tangible, as in, it couldn't be shown, touched or experienced, then I'd say that either you were cheated, or you didn't need the service. Are we done talking about services and whether or not they're tangible? I don't see how this even relates to the discussion at hand.
Benzin
Member
+576|6238
I'm not sure if this has been brought up in the thread at all, but what about the constant breaches of the law that the RIAA/MPAA have been accused of, or rather, their lawyers been accused of, in pursuing people? The sheer amount of attention that is also paid by the legal system to something that is at the end of the day pretty harmless is also astonishing.
Bertster7
Confused Pothead
+1,101|6821|SE London

Clearly piracy is very similar to stealing, if not actually stealing. However, much the same was said about recording from radio and recording TV on VHS.

To me, the bottom line is, if you like something, you should pay for it. The moral of the story is, support good stuff and there will be more of it.
HITNRUNXX
Member
+220|6949|Oklahoma City
Re: mikkel

1) Services are not tangible. They do not result in a tangible product. The results can be seen.
2) MP3s are not tangible. They do not result in a tangible product. The results can be seen.
3) Sure, you can watch a guy mow your lawn. That doesn't make his service tangible. You can watch a pirated movie. That doesn't make the pirated movie tangible.
4) My point with bringing up services, is that if you don't have to pay for things that are not tangible, then you don't have to pay for a lot of things in like that people charge you for. Services, Insurances, etc... They are all abstract ideas.
5) My point with the car, as I have said over and over, was not to compare pirating MP3s to Grand Theft Auto. My point was that legally there is a recognized difference between "Stealing" and "Unauthorized Use." Even with cars. Therefore with pirated music I could see them making a legally recognized difference between "Stealing" and "Unauthorized Use" but I would still expect it to be illegal either way and the end result is still basically stealing.
6) You might as well digitally rob a bank. It is just intangible 1s and 0s. You aren't taking it from a person, they are insured. The big bad corporate bank might see an insurance rate hike, but hey, they deserve it, they are an evil corporate business like a music company, out to provide things in return for money, right?
7) Ethically, morally, legally, however you want to look at it: You are taking something you don't own. You are taking something that you don't have the right to take. You are obtaining it without payment. The end result is just a colorfully hidden variant way to say "stealing."

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