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Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:
| reply to diskdocx
Re: Sounds fair to me
said by diskdocx  :So, if one has their car stolen 3 times, they should be banned from being able to obtain insurance from any company for perpetuity. And, by proxy, banned from driving? Maybe we could extend that to 3 car accidents (at fault or not), and then lifetime license suspension. Makes sense to me. Thats just not an accurate comparison. It would be more like, if you knowingly loaned your car to a drunk, who repeatedly drove your car drunk, you would risk losing the car the THIRD time he was caught.
And I'd be fine with that too.
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joker5656
join:2006-06-23
Dallas, GA | reply to Camelot One
instead of people that have infection why not make the ISP'S responsible, makes more sense. It there system so they can stop it before it gets online not some person that doesn't know two shits about a computer. | |
Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:
| said by joker5656 :instead of people that have infection why not make the ISP'S responsible, makes more sense. It there system so they can stop it before it gets online not some person that doesn't know two shits about a computer. Because then we are right back to ISPs monitoring what you do on the internet. Even with good intentions (in the case of stopping infection) the idea still won't fly.
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diskdocx
join:2005-09-26
Burlington, ON
 ·Cogeco Cable
| reply to Camelot One
That's fine for the grandkid analogy, but I was referring specifically to the bot/virus issue.
No one is willingly offering that up, so the drunk driver analogy is moot, unless the drunk driver happened to steal your car.
I've been hacked, and ended up as a bot on mIRC. Granted that was a number of years ago, and my computer is far more secure now than it was then. But the bottom line is that these measures will mostly hit casual users and unfortunately a number of tech unsavvy folks. Not the hardcore pirates.
What I expect to see is a lot more hacking/IP theft/virus attacks so that the hardcore folks will get around these measures. | |
hopeful_person
| reply to Mactron
not_quite_there
What really is the problem? What is really being gone after?
Passing legislation illegalizing the possession of burnable media? Nope.
Passing legislation illegalizing the failure of WGA? Nope.
What's to prevent someone from copying a movie they get from the rental place?
Two friends copying each other's collections? How are you going to stop that? You can't - at least not without raising some serious privacy concerns and building a prison wall around your entire country.
"They" are "going after" the internet. Why? Because it's a distribution channel.
This has nothing to do with copyright. And the "rents" running our governments don't get it. They're not savvy enough. Once the older, non-computer-savvy generations are no longer running the government, those who are running the government will get it.
One solution is to simply provide for a non-commercial personal purposes fair use exemption. But what's more important, and much more doable, and much more likely to start happening -- as a matter of fact, it's already happening -- is if artists stop selling their copyrights. If artists simply retained their copyrights, this problem would go away forever. Follow this to the T, and more and more artists will get the major labels off their back. In fact, it's not inaccurate to say that for some artists, (or let's say for non-union artists), and even then... they guy who wrote the original script for "The Island", for instance, got maybe a few thousand dollars at best all together, while his producer walked away with a 7-digit settlement ... Why? Because he "sold" his copyright. Talk about heartbreaking disincentive... Anyway -- it's not entirely inaccurate to say that some of these major labels are existing "on the backs of" the artists. 4.5 cents per iTunes download. 7% of wholesale per CD... not a whole lot - it's practically giving it away after you add in the expenses.
They're not going after "pirates". They're going after distribution channels, using politicians to do it, and making it look like they're going after pirates. Meanwhile, you just make a copy of your friend's collection while s/he makes a copy of yours... lather, rinse and repeat millions of times all over the world. Same difference. It's a futile attempt no matter how you slice it. You can't stop it, it can't be stopped. If you're going to try to stop something, might as well go after the distribution channels.
The problem here is that it drives anything that's not "approved" by the majors underground... but realistically, they've lost the battle anyway. It's a brand new day - the only question is how quickly we rebuild, how quickly artists refuse to sell copyrights ever again - and how quickly an infrastructure can be built to provide a means to keep these artists fed, clothed, and housed so they don't have to sell their copyrights to make ends meet. These types of laws will eventually become pointless - once artists stop selling their copyrights.
They're going after the distribution channels. That's what this is all about. Hopefully artists will begin to realize that copyright should never be sold to anyone under any circumstances, that it is as precious as gold, and that our culture doesn't have enought respect for it.
I think we all need to respect copyright more than we do. | |
Piggie
I Actually use Windstream
Premium
join:2005-11-23
Orange Springs, FL
 ·HughesNet Satellit..
 ·Windstream
| reply to S_engineer
Re: Sounds fair to me
said by S_engineer : My problem is this "Under the agreement -- drawn up by a commission headed by the chief executive of FNAC, one of France's biggest music and film retailers Least all the legal eagles not forget here, yes, pirating works that are copyrighted is not legal but smell the money trail. With RIAA making about 4 times per song sold in America than the artist, who is the copyright protecting?
Of course it's protecting the RIAA's money not the author's song works or rather protecting the RIAA four times a much.
Also beware and very scared anytime large cooperate interests control law making.
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JoeOnSunset
Doublethink Is Doubleplus Ungood.
Premium
join:2002-11-25
Ormond Beach, FL
| reply to Camelot One
That's rediculous. It's called "strict liability" and it's supposed to be saved for really huge things, and really small things. I think that people who support strict liability for EVERYTHING (as many people on here seem to) think that it could never be applied to them.
Look: your antivirus software isn't perfect. Your OS isn't perfect. And, in fact, the lock on your door isn't perfect. A fault with any of these could cause your computer to be infected with a virus and then, if the law specified strict liability, you'd be responsible for the actions of the guy who broke into your house, stole your computer, and later it got infected. After all: it's YOUR computer, why didn't you bolt it down? It's YOUR house, why didn't you secure it like Fort Knox?
Okay, yes, in your ideal liability law you added a caveat: "assuming it was due to their own inaction." What action would be the minimum needed? Installing ANY software labelled "antivirus"? What about updating it? What about keeping the OS updated so that flaws don't allow trojans to disable the a/v?
It's just not so simple. People think they like strict liability, but they never think of the million exceptions, places to draw lines, gradiations of responsibility that would have to be included to make it work like they're thinking in their heads.
Also, you mentioned false positives. Consider: Parking tickets are a great example of strict liability in law. Think of how often these are given out wrongfully. Surely you've gotten one when your car wasn't actually in the red, or when it hasn't really been an hour yet. But, because the barrier to issuing them is soooo low, it doesn' matter. They're handed out like candy. It hardly matters if you're not guilty: you just pay it half the time because it's so difficult to contest them.
Yeah, what we need is more areas of law to be like that system. | |
JoeOnSunset
Doublethink Is Doubleplus Ungood.
Premium
join:2002-11-25
Ormond Beach, FL
| said by Camelot One :I completely agree that people should be held responsible for their computers, even if the issue is caused by someone they allowed to use it. And with that in mind, I would want to see it expanded, to make people liable for their computers if infected with virus/spam bots as well, assuming it was due to their own inaction. (not running av software for example) My concern with this law is, what happens with the false positives? Will people just ignore strike 1, knowing it's not true, because it has no immediate consequences? And will strike 2 then come easier, since the person has already been found "guilty" of strike 1? And so on. That's rediculous. It's called "strict liability" and it's supposed to be saved for really huge things, and really small things. I think that people who support strict liability for EVERYTHING (as many people on here seem to) think that it could never be applied to them.
Look: your antivirus software isn't perfect. Your OS isn't perfect. And, in fact, the lock on your door isn't perfect. A fault with any of these could cause your computer to be infected with a virus and then, if the law specified strict liability, you'd be responsible for the actions of the guy who broke into your house, stole your computer, and later it got infected. After all: it's YOUR computer, why didn't you bolt it down? It's YOUR house, why didn't you secure it like Fort Knox?
Oh right, in your ideal liability law you added a caveat: "assuming it was due to their own inaction." What action would be the minimum needed? Installing ANY software labelled "antivirus"? What about updating it? What about keeping the OS updated so that flaws don't allow trojans to disable the a/v?
It's just not so simple. People think they like strict liability, but they never think of the million exceptions, places to draw lines, gradiations of responsibility that would have to be included to make it work like they're thinking in their heads.
Also, you mentioned false positives. Consider: Parking tickets are a great example of strict liability in law. Think of how often these are given out wrongfully. Surely you've gotten one when your car wasn't actually in the red, or when it hasn't really been an hour yet. But, because the barrier to issuing them is soooo low, it doesn' matter. They're handed out like candy. It hardly matters if you're not guilty: you just pay it half the time because it's so difficult to contest them.
Yeah, what we need is more areas of law to be like that system.
Edit: quoted. | |
OceanaJones
join:2004-10-18
Suffolk, VA
| reply to zachary1
Nope, I am neither paid nor a shill... just a average guy with a Conscience. As far as I'm concerned, they should keep the system they use now and sue you the first time you infringe. If you think it's ok to break the law, just tell it to the judge and jury.... then pay your fine and go crying about how YOU were wronged by the big bad music industry. You should be happy they are being this generous by giving you three strikes and then you only lose your internet service. I hope they aren't giving up their right to sue infringers too. | |
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