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Oatmealing and the new practice of ethical bittorenting

 
 
tsarstepan
 
  1  
Reply Tue 12 Jun, 2012 07:49 pm
@DrewDad,
DrewDad wrote:

The problem with this is that HBO is owned by a cable company.

One does not simply watch HBO a la carte.

You're correct in your assessment DrewDad.

Cable companies like oil corporations need to work on their aging and on their way out the door to obsolesence business models.

Though the cable companies needs to be dragged kicking and screaming into the 21st century. I haven't bittorented yet and probably never won't ever will. I just decided not to condemn anyone else in doing so if they choose to pay for the content later.
0 Replies
 
Ticomaya
 
  4  
Reply Tue 12 Jun, 2012 07:54 pm
@Thomas,
Thomas wrote:
Stealing is when I take something away from you. Copying your DVD of a movie doesn't qualify, because you still have your DVD after I copied it. ...

I suppose we can all make our own definitions of words to make them mean what we want them to mean ... but then where would we be?

You provided the definition of "larceny," but "stealing" encompasses more than just larceny -- the theft of goods and chattels. Do you suppose it's not "stealing" to illegally tap into cable television ... the cable company hasn't lost anything tangible, after all. But you are taking something of value, without permission.
Thomas
 
  1  
Reply Tue 12 Jun, 2012 07:55 pm
@ehBeth,
ehBeth wrote:
something has absolutely been stolen. The opportunity to make money from the results of the artistry. That right belongs to the artist.

There may be no such opportunity to begin with. If I have no money to pay for the movie, the producers won't get paid whether I watch the movie or not. In this case, then, it makes no difference to them whether I watch the movie or not.

Notice, once again, that the situation is different than when I take a farmer's ear of corn and eat it. By doing this, I reduce the quantity of corn the farmer can sell to other people. But by watching a movie without paying, I make no difference to the quantity of copies the producer can sell to other people.

Again, the point is not that copying is always right. It's only that copying is different from stealing.
0 Replies
 
djjd62
 
  2  
Reply Tue 12 Jun, 2012 07:57 pm
i often by stuff i've torrented

i actually bought the first season of AMC's The Killing on DVD, i've torrented this season, but will buy it on dvd to have clean copies

same with Lost, i bought the first three seasons on dvd, watched them before the start of the season 4, torrented each season then bought the dvd's as they became available

i also torrent foreign stuff that's not available commercially in my country
0 Replies
 
Thomas
 
  1  
Reply Tue 12 Jun, 2012 08:01 pm
@Ticomaya,
Ticomaya wrote:
I suppose we can all make our own definitions of words to make them mean what we want them to mean ... but then where would we be?

Wikipedia, in its entry on 'theft', wrote:
In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it. (emphasis mine, T.)

Granted, Wikipedia isn't always right , but its entry here does prove that my definition isn't just some arbitrary nonsense I made up on the spot.

Ticomaya wrote:
Do you suppose it's not "stealing" to illegally tap into cable television ... the cable company hasn't lost anything tangible, after all. But you are taking something of value, without permission.

No, I don't consider this stealing. If it's a moral offense, its some offense other than stealing to me.
Ticomaya
 
  3  
Reply Tue 12 Jun, 2012 08:09 pm
@Thomas,
Yes, wikipedia is correct about "theft," but we were discussing the term "stealing." Stealing includes theft, larceny, embezzlement, and more.

What word would you prefer to use instead of steal?
Thomas
 
  1  
Reply Tue 12 Jun, 2012 08:22 pm
@Ticomaya,
Ticomaya wrote:
What word would you prefer to use instead of steal?

I use "illegal copying", "illegal filesharing", and so forth. The reason is that people commonly have very clear moral intuitions around terms like "theft" and "stealing". Because I think these intuitions are treacherous when applied to copying, I prefer to avoid language that suggests otherwise.
0 Replies
 
boomerang
 
  1  
Reply Tue 12 Jun, 2012 09:59 pm
@DrewDad,
Thanks DrewDad. I'll take a look at that but it will be tomorrow or the next day.
0 Replies
 
boomerang
 
  3  
Reply Tue 12 Jun, 2012 10:00 pm
@DrewDad,
So counterfeiting and forgery are not stealing?

I mean, they're only copies.
boomerang
 
  2  
Reply Tue 12 Jun, 2012 10:05 pm
@Thomas,
Until my lifetime, copying was a fuckton of work. And it required quite a bit of skill.

Creative people made things because they could get paid for them.

If you take away the incentive of being paid for their work people will not create because they're off doing some kind of other work so they can feed themselves.
0 Replies
 
boomerang
 
  2  
Reply Tue 12 Jun, 2012 10:06 pm
@Thomas,
But you are taking something away from them -- money.

How is that not theft?
boomerang
 
  3  
Reply Tue 12 Jun, 2012 10:08 pm
@Thomas,
Quote:
Boomerang's claim was that there is no incentive for creativity other than copyright


That was not my claim at all.
DrewDad
 
  1  
Reply Tue 12 Jun, 2012 11:20 pm
@boomerang,
No, you have not taken money from them. You have failed to pay them what they want to be paid.

That's not theft.

They want you to think it's theft, but it is not.
DrewDad
 
  1  
Reply Tue 12 Jun, 2012 11:30 pm
@DrewDad,
http://www.techdirt.com/articles/20120604/13424419201/case-copyright-reform-techdirt-book-club.shtml

http://www.techdirt.com/articles/20120402/11401818335/copyfraud-techdirt-book-club-selection-april.shtml

http://www.techdirt.com/articles/20120323/09045818223/public-domain-starves-while-copyright-office-struggles-to-modernize.shtml

http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml
DrewDad
 
  1  
Reply Tue 12 Jun, 2012 11:33 pm
@DrewDad,
http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml

Quote:
Falsely lumping all of these specialized areas into the "theft" bucket leads law enforcement and politicians to take easy mental heuristics that have them assume that even if infringement is not exactly like theft it's "close enough" that you can treat it like theft and respond to it like theft. And that's exactly what we see happening. The legal proposals and constant changes to copyright law are all about treating infringement more like theft, and believing that greater enforcement leads to less infringement, and that greater "education" does the same. But that assumes that individuals intrinsically believe that making a copy of something is bad, even though in many, many cases they do not feel that way. Calling it theft when they know it's not theft doesn't convince people to stop file sharing. It just makes them respect copyright law even less, since it's clearly completely out of touch with the times and the technology.



http://torrentfreak.com/piracy-is-not-theft-111104/

Quote:
“The theft-metaphor is problematic in the sense that a key element of stealing is that the one stolen from loses the object, which is not the case in file sharing since it is copied. There is no loss when something is copied, or the loss is radically different from losing something like your bike,” Larsson explains.

One of the obvious problems is that it suggests that every “stolen copy” is a lost sale.

“Following this conception, some iPods could be valued at millions of dollars and a file sharing service could aid in copyright infringements representing more value than the Gross Domestic Product of entire countries,” Larsson says.

...

The researcher explains that the public perception of the law, or social norms, is out of line with what the law actually says. In part this is because the “theft” metaphor is built into law, while there is no such thing as theft where piracy is concerned.

“In other words, this means that legal concepts can become metaphorical if their meaning expands into new areas, and the fixed conceptions that once ensured their legitimacy may seem unjust in the eyes of a reality that has moved on. This supports the gap between legal and social norms regarding parts of copyright today.”

This gap between the law and what people see, feel and experience in real life is a problem, one that lawmakers are now trying to address with even more draconian laws based on the same nonsense metaphors.

....

Larsson doesn’t think that the current trends of stronger copyright laws and more surveillance of Internet users is the right path to take. These measures often violate the rights of the masses to benefit the interests of a few, which can never be a good solution.
DrewDad
 
  1  
Reply Tue 12 Jun, 2012 11:58 pm
@DrewDad,
Another professor discussing why calling it theft leads to mistaken conclusions:

http://gigaom.com/2012/03/30/why-its-wrong-to-call-copyright-infringement-theft/

0 Replies
 
Thomas
 
  1  
Reply Wed 13 Jun, 2012 09:13 am
@boomerang,
boomerang wrote:
So counterfeiting and forgery are not stealing?

No they're not. Counterfeiting and forgery are a variant of consumer fraud. Counterfeiters deliberately deceive their customers by making them believe they're offered a quality product. Counterfeiters make money because customers then rely on their deception and buy a crappy knockoff. That's certainly an offense, but it's an offense much different than stealing.

In a later post, boomerang wrote:
But you are taking something away from them -- money.

No I'm not. The balance in their account is the same whether I watch the movie and don't pay for it or I don't watch the movie and don't pay for it.
Thomas
 
  1  
Reply Wed 13 Jun, 2012 09:24 am
@boomerang,

First, Boomerang wrote:
This kind of thinking takes away any incentive creative people have to make anything.

Referring to that, Thomas wrote:
Boomerang's claim was that there is no incentive for creativity other than copyright

Responding to Thomas, Boomerang wrote:
That was not my claim at all.

It wasn't? You certainly sounded as if it was.
ehBeth
 
  2  
Reply Wed 13 Jun, 2012 09:29 am
@Thomas,
Thomas wrote:
Boomerang's claim was that there is no incentive for creativity other than copyright.


that's definitely not how I understand Boomerang's position
0 Replies
 
ehBeth
 
  2  
Reply Wed 13 Jun, 2012 09:33 am
@Thomas,
Thomas wrote:
Being on somebody's staff is one incentive for creativity


it's not the incentive. The income/support/patronage provided the resources allowing creative types to be creative instead of using up their time/energy in a non-creative endeavour

a huge chunk of my beloved Baroque music wouldn't exist without patrons of the arts

buying instead of copying makes someone a patron
copying makes you a thief of the artist's work

the whole issue of the original owner of the DVD etc still having it is irrelevant - the issue is about the creator of the art, not the owner of one copy of it
 

 
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