I am ashamed that I hadn’t reasoned this through given all the rubbish digital services have pulled with “purchases” being lies.
Things got weird when we went digital.
- It’s perfectly okay, reasonable, legal to record a tape off the radio. Yet it’s illegal to download a better copy?
- It’s perfectly okay, reasonable, legal to record a VHS tape off the TV. Yet it’s illegal to download a better copy?
Recording from free to air is legal because of the “time shifting” argument. The show is being broadcast regardless, just because it’s at an inconvenient time for you doesn’t mean you should have to miss it. It’s also worth noting that media producers fought tooth and nail against this.
Piracy is just reverse time shifting. It’s going to be on FTA TV at some point, I’m just making it more convenient to watch now.
That might actually be an element of a workable argument in Court. I think it’s a very clever reframing of the precedent that allows recordings of broadcast media.
I’ve got a better argument but it won’t hold up in court. If a company is making a profit then all costs of production, operation, and provision have been covered, every single shareholder from the individual worker to the CEO to the suppliers have all been paid adequately and fairly for their contribution, the consumers with the means and ability to contribute have, and I thank them for enabling the ability to socialise access to the product for the rest of the society that propped up the corporation so that it could produce.
If you want to argue that suppliers, producers, and workers haven’t been adequately and fairly compensated for their contribution then why is there a profit margin?
In fact, it’s morally acceptable to socialise the benefits and production of any corporation making a profit, though the law has this pesky tendency to call it theft.
I like the way you think, but that’s kind of not true these days. We have streaming services and rights holders just straight deleting shit or producing shitty sequels and reboots just to keep the IP out of public domain. IDK about your location but here FTA is basically dead. It’s all shitty reality shows being hosted by third rate celebs from other reality shows because they either can’t or won’t produce or pay for actual content.
The difference is that grabbing it pre-FTA is also grabbing a perfect copy. The quality may not matter to many of us, but to some it does. And because it matters to some, major copyright holders have started to treat unlicensed exchanges as “competition” from a business PoV (which is a concession from strictly seeing it as crime). So their business strategy is to compete with the unlicensed channels by offering perfect quality media at a price (they hope) people are willing to pay (also in part to avoid the inconvenience and dodgyness of the black market).
FWiW, that’s their take and it’s why they get extra aggressive when the unlicensed version is perfect.
Remember that there were also big campaigns against tape recorders and VCR. They even managed to get VCR vendors to implement a feature that prevents users from skipping ads. So it’s not like it’s simply legal, the media corps were just not as successful in their lobbying as they are today.
I can’t find anything about VCR’s blocking; I did find a bunch saying the opposite.
There were copy protections that prevented a VHS -> VHS copy being made of some movies. Easily defeated, but they did exist.
My scenario was recording an Over The Air transmission onto VHS using a VCR; not making a backup copy of a movie you purchased on VHS.
Edit: I do recall a campaign against VHS recording of TV shows, but didn’t it ended basically saying “Broadcast public == public domain”?. That actually led to copy protections in VHS tapes.
I don’t recall ever having a VCR that prevented skipping ads. Maybe that was a Tivo thing?
I don’t subscribe to the logic but I guess a part of it can be the lossless factor. Quality of pirated digital content is exactly like the original. If you tape something it usually loses quality. So people seem to care less about that kind of piracy. Which is stupid since going for lossy compressed pirated videos is allegedly not less wrong in the face of law.
Let’s get crazier.
Our current favorite show is Bob’s Burgers, it’s a comfort show we fall asleep to. Prior to signing up with real debrid I got tagged for downloading a 2 year old episode.
We pay for Hulu. We pay for YoutubeTV. We have a working OTA antenna (for when the internet goes out).
My math says I have 3 licenses, yet still illegal to download?Well it’s an interesting question. From Hulu’s TOS:
a. License. Within the United States and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
Install and make non-commercial, personal use of the Services; and stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (collectively, the “Content”) that are available to you from the Services.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in such Content.
While I’m not a lawyer, I’m gonna guess the lines about a revocable license are intended to cover this. Sites like Hulu rotate their content out, which I’m gonna guess means your license to view their content only extends to what’s in their library at that time. Under fair use, you might be able to argue that you can create a backup copy for your own viewing – it does say “temporarily download,” but doesn’t say you have to download it from them – but legally you’d probably be obligated to delete your copy once Hulu gets rid of it regardless.
Also, the TOS does specify that circumventing their copy protection is a TOS violation. While the DMCA grants certain exceptions to the copy-protection rule for fair use, I don’t think it requires Hulu to continue to serve you content or not revoke your license if you break their TOS. Kinda reminds me of Red Hat’s use of TOS to enforce terms that go above and beyond the GPL. They can’t exactly stop you 100%, but they can refuse to do business with you, which makes it a lot harder.
Not to disparage your reply, because it’s well thought out and written, but doesn’t it seem to you we’re hiding behind legalese?
I want to buy a turkey. I have money. I will visit a farm, pay for the turkey (if the price is agreeable to both parties) and I now own that turkey. I will then do whatever the fuck I want with that turkdy, from raising it as my child, to cooking it for thanksgiving, to cloning it if I have the technology. Sure, I might not be able to return it in some cases. But that’s a living fucking thing, and nobody can tell me how to use it.
Now - I want to buy a movie. I have money. I will go to the cinema, but it’s not playing anymore. I will look for it on TV, but it’s only on one channel, only while I’m at work. I will look for it on the internet and it’s available on one website, where I need to make an account and provide quite a lot of information about me. So I make the account and click through their shitty prompts, pay for the movie and now I can only do one thing: stream it?
Excuse you? Who the fuck are you to tell me how I can enjoy my media? What if I want to make a vynil record and listen to it? What if I want to watch it on my old-timey projector? What if I want to burn a frame of the movie onto my morning toast every day for 2000 years? What if I want to put it in a small baggy tied to my balls while I’m fucking the mom of some movie exec, am I supposed to put the entire laptop in the baggy? How the fuck dare you make that distinction for me? Oh, because your site isn’t granting me the right to buy a movie, but to buy a license to watch that movie in whichever conditions you decide? Great - here’s the thing: I have my own license, which says whenever I pay for something, I use it however the fuck I want, and if you attempt to exert any control over my property or how it is used I will literally stab you and bury you in the woods, because I don’t take kindly to corporate fucks who attempt to instruct me how to use the things I’ve bought. Fuck you, you should’ve read my license when you took my money.
There is no “license” here, my dude. I don’t pay for licenses, regardless of what the website wants to charge for. I pay for a product, or a a service. Let’s not hide behind legalese and let’s just acknowledge that these are scummy practices to ensure the wealth of corporations at the expense of the rights of consumers. And until these types of shady “licenses” to temporarily view THEIR PROPERTY are smacked into the fucking ground by consumer-friendly laws, piracy is the only way to have justice in a system stacked against you.
I’m not saying you should care too much about the TOS, I just found it an interesting question.
The law is a sham and it doesn’t deserve anyone’s respect.
The whole “illegal to download” bit is somewhat misleading. People almost always get in trouble for uploading, which just happens to be a part of how bittorrent works. When you’re downloading, you’re also uploading (Unless you’ve changed your settings).
In fairness, it was never legal to make thousands of copies of that VHS tape and hand them out en masse. Which is how you’re getting it when you download it, from someone doing exactly that.
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“Piracy isn’t stealing” doesn’t require a qualifier. It’s objectively a separate, lesser crime. That correlation is just the result of effective, aggressive marketing that conflates the two. It was so effective that everyone misremembers the “you wouldn’t steal a car” ad.
I think you mean this one
I think you just solved the housing crisis because this lives rent free in my head
Same!
Thanks for that trip down memory lane. I was just a child when I saw that, and my first thought was “but… But when I steal from someone, they don’t have it anymore. If I download it, they still have it”
lol. You give an ad spot way too much credit
Call it “illegal copy” (because fuck customer rights with “usage licenses”) and we’re good.
The one with the pirated music?
Here is an alternative Piped link(s):
Piped is a privacy-respecting open-source alternative frontend to YouTube.
I’m open-source; check me out at GitHub.
Isnt the free market supposed to self-regulate?
If companies can exploit it, why shouldnt we?
No, free market isn’t “supposed” to self regulate. That’s silliness. The only people who say that have no understanding of the concepts.
Regulation is required. Unfortunately with regulatory capture it’s not happening.
Yep. The self regulating market is either utopian vision by blind idealists or double speak for maximizing profits and fucking over anybody and anything while doing it.
“Piracy” has never been stealing except for the boats and parrots kind.
It’s not stealing if it’s been stolen before! Arrr
I’m the guy who coined this phrase on a Louis Rossmann video and I’m so proud!
I was there
I had no idea it would turn out to be such a big deal until my friend linked me a Lemmy post with my YouTube name in the picture. 🤣 Then I realized I had an absurd number of YouTube notifications! Interestingly enough, YouTube has some kind of interesting way to taper the notifications off so they aren’t overwhelming.
I suppress all YouTube notifications. I only shitpost in comments anyway because that’s what they are there for.
Got a link?
Yes. https://lemmy.world/post/1098344
I’m the guy in the pic.
Copying information is a nonrivalrous activity. To steal inherently requires the owner to be deprived of a thing, and copying does not deprive an owner of a thing. Copying therefore cannot really in “stealing.”
The industry argument for that is “you’re stealing our potential revenue”. I personally subscribe to one streaming service. That’s it. If what I want to watch isn’t on that, I hoist the anchor and set sail.
The predictable way that video streaming services became content islands and actually a worse user experience than cable really shows how the industry would rather provide worse experience and cash grab than attract more customers naturally. By contrast, I can subscribe to one music service, and listen to literally every artist I can possibly want to. As soon as video streaming does that (at a reasonable price), piracy for video will plummet like it did for music.
Piracy is almost always a service problem and not a pricing problem.
- Gabe Newell
Within reason, yeah. If the video industry came out with a platform that had all you can stream and all the content in one place, but wanted $150/month for it, that would be a pricing problem. My ceiling is more like $40-50/month.
you’re stealing our potential revenue
Which is ridiculous. It’s like suing someone for tapping you on the shoulder while you’re deep in thought, claiming that you almost came up with a great invention but their interference meant you lost your train of thought. Therefore, by tapping you on the shoulder, they owe you millions of dollars of lost potential revenue from that invention.
In addition, you have to consider whether they’re morally justified in receiving that revenue. Say someone manages to bribe the government so that they get paid $1 every time someone says “shazam”. If you say “shazam” and don’t pay them, they lose $1 in potential revenue. But, is this potential revenue that they are morally justified in collecting? Copyright law is just as ridiculous as “shazam” law. In both cases the government came up with a rule that allows someone to collect revenue simply because the government says so.
IMO the entertainment industry has ridiculously warped copyright. It used to be that copyright was a 14 year term, renewable for another 14 years if the author was alive. Under that rule, Forrest Gump would just have had its copyright expire. That seems pretty reasonable. It cost them $55 million to produce, and it brought in $678 million, it’s probably mostly done making money for them. Time for their rights to expire, right? Nope, they get to keep their monopoly until 2114. It’s fucking ludicrous.
Copyright is supposed to be a balance between what’s good for people creating something, and the general public. The creator is given a short-term monopoly as an incentive to create, that’s how they benefit. The public benefits because after a short time that creation becomes public. The alternative is no copyright, where creators need to be paid up-front by someone like a patron, and what they create becomes public immediately. The patronage system is responsible for all kinds of magnificent art like most classical music, the ceiling of the Sistine chapel, etc. The argument for copyright is that the patronage system wasn’t good enough, and the public could benefit even more by allowing a short monopoly for the creator. But, with the lobbying of the entertainment cartel, the public benefit is far worse. You now still effectively have the patronage system controlling what art gets made (the entertainment cartel), they then also keep that art from the public for more than a century.
So, yeah. Fuck copyright.
If you didn’t buy something today, you’re stole potential revenue. Louis Vuitton needs that money to survive!
Digital piracy is not theft, by definition. Theft requires taking something with the intent to deprive the owner, copying things does not deprive the owner.
Digital piracy is copyright infringement, which (in the vast majority of cases) is not even a crime. It is a civil offense.
Counterpoint:
I wrote a book. Sold maybe 10 copies. If someone “pirated” my book, they are depriving me of the $2 or whatever Kindle Direct pays.
Admittedly not a significant amount, but it does fulfill the definition, imho.
It explicitly doesn’t.
If you have a hard copy book and someone steals it, you’re not only losing out on the potential sale price of the book, but the tangible value you have already paid to produce that copy.
Say the book is $12, you get $2, the publisher gets $5 - the book store buys it for $7, and sells for $12 making $5 profit. If you steal from the book store, they’ve lost a potential profit of $5, but more importantly they’ve actually lost the $7 they already paid for it. This is what theft is about, the value of a possession taken away, not the potential value.
With a digital book, each individual copy costs nothing. It costs something to make the original, but making a copy is free. Thus the only thing you’ve lost is the potential profit, which arguably you wouldn’t get anyway as the person didn’t want to buy from you to begin with - just because they downloaded it for free does not mean they would have paid full price if a free download wasn’t an option.
With theft, you have a tangible loss. With digital piracy, the only loss is opportunity to profit.
I assume when the purchase happened there was an agreement that said something like this might happen. If not, then people can sue Sony for the stealing. If so, then trying to argue that this means piracy isn’t stealing is sophomoric at best.
I don’t get why my fellow pirates try so hard to justify what they’re doing. We want something and we don’t want to pay the price for it because it’s either too expensive or too difficult, so we go the cheaper, easier route. And because these are large corporations trying to fuck everyone out of every last dime, we don’t feel guilt about it.
Embrace the reality instead of using twisted logic to try and convince yourself that it’s something else.
I don’t get why my fellow pirates try so hard to justify what they’re doing. We want something and we don’t want to pay the price for it because it’s either too expensive or too difficult, so we go the cheaper, easier route. And because these are large corporations trying to fuck everyone out of every last dime, we don’t feel guilt about it.
Justification is important to those who act against unethical systems. You have to separate the opportunists from the rest. An opportunist will loot any defenseless shop without the slightest sense of ethics. That’s not the same group as those who either reject an unjust system or specifically condemn a particular supplier (e.g. Sony, who is an ALEC member and who was caught unlawfully using GPL code in their DRM tools). Some would say it’s our ethical duty to do everything possible to boycott, divest, and punish Sony until they are buried.
We have a language problem that needs sorting. While it may almost¹ be fair enough to call an opportunist a “pirate” who engages in “piracy”, these words are chosen abusively as a weapon against even those who practice civil disobedience against a bad system.
- I say /almost/ because even in the simple case of an opportunistic media grab, equating them with those who rape and pillage is still a bit off (as RMS likes to mention).
I think you see the same problem with the thread title that I do - it’s clever but doesn’t really give a solid grounds for ethically driven actions. But it still helps to capture the idea that paying consumers are getting underhandedly deceptively stiffed by crippled purchases, which indeed rationalizes civil disobedience to some extent.
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Some would say it’s our ethical duty to do everything possible to boycott, divest, and punish Sony until they are buried.
If that’s the goal, the better approach would be to not consume the media at all, and being vocal as to why you are doing this. Pirating it just shows them that the demand will still be there, despite how bad they supposedly are as a company, so that they just need to learn how to bone you too. It’s like saying “you’re a bad company. . .but damn do I like your product and will consume it anyway!” it doesn’t make much sense, logically or morally.
it’s clever but doesn’t really give a solid grounds for ethically driven actions.
Clever? Maybe. Sophomoric? Absolutely. By misrepresenting why they are losing access to this media, they are effectively admitting that piracy is actually stealing. As I’ve said elsewhere, piracy is not the action of a neutral/chaotic good character, as many among piracy circles like to pretend, but the actions of a chaotic neutral character.
But make no mistake about my position. People losing access to stuff they purchased (and probably thought was now theirs) is just another in a long list of reasons I say “fuck those bitches” and have really no moral qualm with pirating content.
Why does “sophomoric” being used as negative in your argument? you imply we are arguing an unsophisticated logic built on foundational information accessible to everyone, not requiring much depth to grasp. Pedestrian justifications should probably be sophomoric lest the justification be inaccessible and easily confused.
My opportunity to truly own media i purchase has been stolen from me, i was requested or offered no consent on the issue from the large companies claiming that not purchasing a revocable license is theft; i previously found thing accessibly priced so i swallowed my tongue, now media companies are again price gouging so we find ourselves in this situation once more.
Pedestrian justifications should probably be sophomoric lest the justification be inaccessible and easily confused.
Simple arguments that people can understand and sophomoric arguments where people act and argue like children are not one in the same.
i was requested or offered no consent on the issue from the large companies claiming that not purchasing a revocable license is theft
Then sue them because you would have a strong case.
Or pirate like I do, but don’t pretend that it’s something that it isn’t.
It’s like saying “you’re a bad company. . .but damn do I like your product and will consume it anyway!” it doesn’t make much sense, logically or morally.
Sony is a dispensible broker/manager who no one likely assigns credit to for a work. I didn’t even know who Sony pimped – just had to look it up. The Karate Kid, Spider-man, Pink Floyd… Do you really think that when someone experiences those works, they walk away saying “what a great job Sony did”?
I don’t praise Sony for the quality of the works they market any more than I would credit a movie theater for a great movie that I experience. Roger Waters will create his works whether Sony is involved or not.
You also seem to be implying they have good metrics on black market activity and useful feedback from that. This is likely insignificant compared to rating platforms like Netflix and the copious metrics Netflix collects.
Can you explain further why grabbing an unlicensed work helps Sony? Are you assuming the consumer would recommend the work to others who then go buy it legitimately?
If it becomes a trend to shoplift Sony headphones, the merchant takes a hit and has to decide whether to spend more money on security, or to simply quit selling Sony headphones due to reduced profitability. I don’t see how that helps Sony. I don’t shoplift myself but if I did I would target brands I most object to.
Sony is a dispensible broker/manager who no one likely assigns credit to for a work
Pedanticism that totally avoids the point. Whether they provide the product or create it, the logic still obviously applies.
You also seem to be implying they have good metrics on black market activity and useful feedback from that.
This also defeats the point that it is some duty to pirate it, because if they have no idea the scope then how many people doing it is not going to affect their decisions there either
Can you explain further why grabbing an unlicensed work helps Sony?
If we’re being pedantic, I never said it helps them. I said it let’s them know there is demand there and that not consuming it would be better for the goal.
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I have several games on Steam that I’ve “played” for less than an hour but have most of the achievements for because I’ve purchased it after finishing a pirated copy.
In agreement with you! I don’t get why the need to justify. First of all life isn’t about fairness, and people and corporations both need money to survive. Individuals and corporations make all the effort to get more for less.
If there was a need to justify it should be as simple as corporations take things for free all the time, be it tax brakes, labor, IP, whatever and try to get by with it without it being “stealing” it. Artists take ideas, copy, repurpose all the time and get by without “stealing” when they can.
In the seas one should be reasonable and take what they “need” (actually a want) “for less”, without violence, instilling physical harm, and they are good to go. Life isn’t fair.
Above all, like you said, people in general want things for less with the least friction. For some people the seas are dangerous and present too much friction to get in and out unscathed, these people will pay to get something. Sailors do not want to pay and accept some of the risks, and for those sailors that know how to do it well the risks and frictions are small.
There is no need to justify to the ego whether it is stealing or anything else. It is just taking and sharing. And doesn’t the saying goes that “sharing is caring”? ;-)
Thank you. I swear some people must be exhausted with all the mental gymnastics they do for self justification.
The ways they try to justify ad blockers as their god given right is equally frustrating. It’s okay to use an ad blocker (and you should!). Please stop acting personally insulted when sites then attempt to make your ad blocker useless, it’s just how things go.
Advertising is horrible
I’m all for piracy but I still try to spend money where it morally makes sense to me.
I’ll buy, rent or subscribe to content from actual creators or artists or developers if I know I am supporting their livelihoods or careers.
I’ll pirate content if I decide for myself that the content has already paid for the livelihoods of the creators or workers who produced the material and now it’s only the title holders and corporate interests that are profiting from the ownership and entitlement of controlling the content for commercial reasons only. For me this is mostly just big budget movies, old films and commercially produced music.
To me, anything that’s already paid to help the original artist or creators should be made public. Locking it away and making people pay for the privilege of the content just to make more profit for someone else is piracy itself. This is especially true for films and music that are so old that the original artists and creators and owners are multi millionaires or just no longer exist.
I may be wrong but that is my own personal view of collecting digital content.
The long and short of the argument is “fuck the people who farm everyone else’s efforts for millions. They don’t own ideas or information.”
Someone ripped off your YouTube video you worked hard on? I’m mad. Motherfucker cropped out your watermark and everything!
Someone copy your big budget movie? I don’t give a fuck. You’re Fox who makes it their business to lie to everyone and buy up control.
Nowadays you can almost reach every creator out there, and we use thousands of content and tools.
How would a financially average person can afford to pay these creators in such a scale?
A dollar at a time … I’m willing to give or donate a dollar, two dollars or even five at a time … if we all did that with a popular creator, they’d easily be able to reach a lot of money in a short time.
I donate to wikipedia, Open Source Software projects I use, firefox, thunderbird, ubuntu (although I am getting skeptical about this one) and other linux projects … on top of that I send funds to creators, app developers and lemmy instances and other fediverse projects and those people who maintain the software, servers and communities in the fediverse
In all, I probably spend about three or four hundred dollars a year or more to these projects … but I know that for the majority of them, the money is going to people that need it … not to people who just want to add to their wealth after never contributing anything of value other than their ownership of someone else’s work.
And if we all did this as users across the board … these small content creators would have more than enough to sustain themselves and continue creating and maintaining these projects
Thank you for this insightful and humble reply, 1 dollar at the time 🙏
Piracy is not stealing, but both piracy and stealing from corpos are good to do
Yeah I’m a huge pirate but I also have subscriptions to publications, buy a bunch of games, buy music and even have almost every release from a few labels, go to concerts as much as I can. It’s not about the money for me at all
We should call it archiving instead of piracy to be honest.
Great idea! It’s up to us to preserve culture, we can’t leave it to those only motivated by profit otherwise cultural history will be lost when it becomes unprofitable.
And since we’re not coordinating, I’d better make sure I preserve the bits of culture important to me.
Eternal archival format shifting.
Better yet, let’s call it “arrchiving”!
They say we’ve got it all wrong, it’s not the items we’re stealing. It’s he money they think they should’ve gotten from that item.
In five years, they’ll be telling us it’s stealing not to go see the latest marvel movie.
Please drink a verification can.
I used to have Netflix, HBO Max, Youtube Premium, Disney Plus, Amazon Prime and “Videoland”. But since I used Linux, I could not stream with a higher bitrate. I could not download for offline playback, I had to jump through hoops to get things to play every now and then.
They also did not always have everything I wanted to see, or I had to pay extra for “premium early access” (Disney).
So I was fed up, learned about using multiple usenet backbones, how to send sabnzbd through VPN’s, Radarr, Sonarr and Overseerr. Now I only have Netflix and Youtube Premium for my wife. And Plex for myself. And access to much more content.
And I do not consider it stealing, i consider it to be the natural result of them trying to gouge me while still not providing me.
I’m in the exact situation you are. The *arr suite is a game changer.
Theft isn’t specific to property, you can steal services too.
The water is certainly muddy with digital media, but this is just another oversimplified argument.
If you need to do mental gymnastics to feel OK about pirating then…idk find something better than this.
See comments below for more mental gymnastics
People who assert property rights (including limited monopoly rights on intellectual property) are doing mental gymnastics too. We’re just used to them, thanks to a century of propaganda after the great depression.
The current state of wealth distribution a century later doesn’t seem to carry the promise that capitalism can be fair.
In fact, IP maximalism (Thanks, Walt!) has denied the public a robust public domain, and our courts struggle to do the mental gymnastics to understand why we have a public domain in the first place.
That is to say, the US and EU have totally lost the plot.
Property rights aren’t even fair. Big guys assert them, and little guys have them taken away. A good comment: https://lemmy.dbzer0.com/comment/5648831
It’s not gymnastics. It’s a pretty easy step. Corporations fuck you over. You fucked them over. No mental gymnast skills required for that
Theft isn’t specific to property, you can steal services too.
You can’t really “steal” services, even though they sometimes call it that. You can access services without authorization, but you’re not stealing anything. You can access services you don’t have authorization to access and then disrupt people who are authorized to use those services. But, again, not stealing. Just disruption.
Stealing deprives a person of something, copyright infringement and unauthorized access to services don’t.
You can’t really “steal” services, even though they sometimes call it that.
If you hire me to paint your portrait and then don’t pay me you have stolen my labour. I have given my time and effort and have not been reimbursed for it.
If you paid me and then gave your neighbour a copy of your portrait then you have not stolen my labour.
you have stolen my labour
No, that’s not theft. That’s fraud.
I don’t know if any freelancer who has not been paid for their work will agree with you
Freelancers may be upset if they’re mistreated, but that doesn’t mean they get to declare they were murdered, or that they were raped, or any other crime that didn’t occur. Theft has a specific definition, and fraud is not the same thing as theft.
You’re being pedantic in the cases you want while complaining to others when they are differently pedantic. I’m not stooping to pretending to misunderstand due to pedantry.
If you are using the term theft colloquially, which most of us are as this is not a court, legal journal, economic journal, etc. Given that colloquial means the way people generally speak, as we are now, theft has a meaning: taking something that’s not yours through force or trickery. That would mean fraud is a type of theft in this case and not a different thing altogether.
So be a pedant I guess but it’s boring and lazy-brained.
I’m all in favour of people being pedantic, especially in the case of laws.
If you are using the term theft colloquially
I’m not, “theft” is misused all the time. It’s something that the copyright cartels encourage because they get to pretend that copyright infringement is theft. It’s not. We should push back and say theft has to meet certain conditions, and copyright infringement isn’t theft. Nor is “wage theft”, which is a form of fraud.
By buying into the colloquial definition of “theft” and expanding the scope to be any time someone is inconvenienced, you give the copyright cartels power to make people think copyright infringement is as bad as actual real theft, when it’s clearly not.
If you’re not going to use the term in a colloquial context while you are in a colloquial setting, then you need to cite what source you are referencing for your definition. Given that you are talking about laws, then you need to recognize that every place defines things differently according to the law. So which law, where?
Being unnecessarily argumentative and snobby while at the same time not meeting your own standards is ridiculous.
Nah, no need to go to laws, just use a dictionary.
So salary theft by employers is not really theft. Got it.
If it’s theft, it’s theft. If it’s fraud, it’s fraud. It could be either. But “wage theft” is not copyright infringement, which is not theft.
Here’s what California’s Department of Industrial Relations says:
Wage theft is a form of fraud
Stealing services doesn’t necessarily have to do with copyright infringement.
My point is that OP over simplification of theft is not even worth considering, from a legal or personal point of view.
Not really, theft is theft. Fraud is fraud. Just because something feels like theft doesn’t make it theft.
You were the one who quoted that wage theft is a form or fraud, so I’m not sure what’s your point. Yes, some theft can be fraud… but still theft.
Wage theft isn’t theft, it’s fraud.
So if someone creates a piece of art and I take a photo of it and sell the photo, or create prints of it, or even just give it give that photo to lots of people, what is that?
Distribution.
Who cares? The point is, it’s not theft. The person who had the art still has the art, so it’s not theft.
That is an assumption made that the artist still has the original thing that was not paid for. I understand what you’re being pedantic about. I just don’t think you’re right.
What part of that statement suggests that the artist no longer has the original art? As stated, no theft occurred.
I guess you can’t steal anything when you just decide to limit the definition of the word.
But if we’re in reality and using the way words are actually defined then yes you can steal something intangible, and no it does not require someone to be deprived of something.
I’m not going to look up every state, but the Penal Code in some states explicitly define theft as:
A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
So, I think it is reasonable to include intent to deprive as part of the definition.
You do understand the difference between penal code and the definition of a word, no? Surely the reason why the two are not at all even slightly interchangeable is plainly clear to anyone of reasonable intelligence.
In the state where I live, the penal code includes the legal definitions of words such as “theft”.
The legal system here does not use a Webster’s dictionary to define words. We use the penal code, code of criminal procedure, traffic code and other legal guidance codes to define the meanings of words used in the law and in official government communications.
These are the definitions that would be used by complainants in cases brought against pirates, if such a case were to be brought. For that reason, I believe these definitions are relevant here.
The penal code necessarily uses incredibly narrow definitions with very specific verbiage.
Using the word steal in OPs title is common use of the word, which aligns with the dictionary definition, they certainly are not quoting a legal definition
Get outta here with this dumb shit.
So much ‘verbal’ diarrahhea to try to make yourself feel better about what you’re doing.
I pirate shit, that is a form a theft. Cope with it or stop doing it.
I was genuinely following your debate points until you got to:
Get outta here with this dumb shit.
I have been kind and polite our entire interaction. I didn’t even initially downvote you. In fact, I initially upvoted you. If I’ve worded something in a manner that implied I was attacking you, my apologies.
I’ve simply offered a reason one might include a specific phrase in their definition. There is no reason to be this angry or insulting in such an innocuous and ultimately meaningless debate.
You made some good points. I feel I made some good points. That should be the end of it, whether we agree or not. There’s no need to bring emotion into our interaction other than support for each other’s valid points.
I don’t think you understand how laws work. Many times, they are required to define terms in order to enforce the law.
Keep reading.
decide to limit the definition of the word.
To what it actually means? Sure.
To selectively focus on one small sliver of the definition of the word, ignoring the full meaning of the word and the context to push your agenda? Smells like propaganda.
The entire definition matters. There’s already a term for “copyright infringement” it’s “copyright infringement”. Pretending it’s theft is just a trick the copyright cartels are using to try to make it seem like a serious crime that has existed for millennia instead of a relatively new rule imposed in the last few centuries by the government, then made ridiculous by the entertainment cartel.
I guess you can’t steal anything when you just decide to limit the definition of the word.
I guess you can steal anything when you expand the definition of the word to anything you want.
You live on the internet, it would take you 5 seconds to link to the “actual definition” you are using if the word was actually used that way.
I buy water, I own it. It just passes Thur my body or shower and pipes. That’s like saying you don’t own your tires as they wear away. You can own consumables. I get your underlying point about theft is more then taking away something. You could be depriving someone of money they would have made. Same with copyright theft. Someone buys your product and copies it then sells it. They didn’t steal from you directly but still caused harm. Piracy is a service issue, if things you buy on that service don’t work people will stop using that service. I’m not going to download 12 game launchers to play the games I want, I’ll stick with steam. Same way with tv/movies.
“muddy waters” is a saying, I don’t think you should take OP literally. The Rest you’ve written seems to agree with their sentiment btw.
Ahhh, thanks I misunderstood. I do agree but also I have a Plex server. I started it when I worked at blockbuster. Technically even ripping your Blu-rays can be illegal so, you have to find your one morals and not rely on laws.
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Copyright infringement causes less harm than the copyright itself. Piracy causes less harm than the cruelty and greed in production and distribution of mainstream media. Less harm is caused by theft than by a system that willfully starves the public and vaults away excess to drive demand and market price.
No artists should go hungry but then no non-artist should either. And yet in our system artists are enslaved and had their work taken from them so that enterprisers can live in luxury while the rest of us toil, undernourished.
How much media production does piracy fund?
You’re asking a loaded question.
You could be asking can we get quality content without the artifice of intellectual property to which the answer is yes, and has been demonstrated time and again.
You could ask how many artists get wealthy from producing copyrighted content to which the answer is very few In fact most creators who are good enough to get published by record labels or publishing houses see so little of that money they can’t turn it into a full time career, largely do to Hollywood Accounting but the labels and publishing houses get a lot of money from having controlling ownership of that content.
You could ask what harm is caused by intellectual property laws to which I can reply their expansion from a monopoly limited to a decade or so extended to life + nearly a century has denied the public a robust public domain which was the whole point of copyright inserted into the Constitution of the United States in the first place. It’s made worse because we don’t know what all is copyrighted or patented, judges don’t know what can be copyrighted, and what is considered fair use, or how art even works. (e.g. Not every blockist painting owes money to Pablo Picasso’s estate). It’s a tangled mess with a ton of precedent that favors richer legal war-chests, and has caused a pronounced reduction both of the quantity of content getting made and the quality of that content.
So maybe you should ask better questions.
Same with copyright theft
Is this when you steal someone’s copyright and collect licensing fees posing as the legitimate copyright holder?
They didn’t steal from you directly
Or indirectly.
still caused harm.
Maybe, maybe not. But no theft occurred.
I meant infringe on the copyright. I don’t think what Disney and some others are doing is right with extending it but I do think the person that created the things should have some legal protection from it being copied for a bit.
Copyright infringement isn’t theft, that’s the main point. It’s breaking a rule that the government created giving people a temporary (now extremely long term, but temporary) right to control the spread of ideas. Whether or not you approve of that law is beside the point. The point being, theft is as old as the ten commandments, if not older. Copyright is a new thing that’s only a few centuries old.
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Damn, just say stealing. Thought we were pirates. Not cowards
It’s not theft though. When you steal something you deprive someone else of it.
It’s just copyright infringement. Since copyright is an artificial temporary monopoly granted by the government, it’s pretty different from “theft”.
Are you not depriving someone else of their legal right to control the distribution of copies of their work?
If you don’t drink a verification can, are you depriving Mountain Dew of their legal right to make you drink verification cans? If you don’t enroll in the IOF, are you depriving Israel of its legal right to murder thousands of darker skinned people? Maybe some legal rights are so stupid they shouldn’t exist?
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How did your mind even come up with such bad analogies? Amazing.
So you are too stupid to answer the question? Blocked.
Yes, which is not theft. It’s not murder either. Nor is it blasphemy. It’s just copyright infringement.
When you steal something you deprive someone else of it.
Ok, I was just going off what you said previously.
That’s just one element of theft.
We’re sharing.
Like Robin Hood, but in a pirate ship.
I call my Plex server Whydah Gally.
Yarr we be murdering the media, just call it murder me matey.
The media corporations in their greed and cruelty have long earned violent reprisal and deserve to be sacked.
Pirating their content is comparatively petty.
But better still is to not pirate their content and let it remain unseen and forgotten.
The reward for creators and artists is to become a part of culture. The promise of riches is a false, capitalist dream.
Aye aye
