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Metatron2008
Premium
join:2008-09-02
Stockbridge, GA

Ain't any different from any government form of protection.

Why are you so scared of the government stepping in to stop thieves? This happens for just about anything.

This is the governments job, and it was never you right to steal from people.

Simba7
I Void Warranties

join:2003-03-24
Billings, MT

4 edits

Re: Ain't any different from any government form of protection.

Not when the innocent are thieves, too.

Suppose I'm downloading a legal torrent. They end up bashing in my front door, taking my computers, arresting me and my family.. not because I'm downloading it (even though it's legal), but because I'm using a "known" piracy tool (which could be *ANY* P2P program).

..and then they force you to add programs to your computer so they can make sure you don't download anything you're not suppose to. Then it's not really *MY* computer anymore, is it?

I'd rather *NOT* be in a constant policed state and have my constitutional rights shredded in front of me with a gun pointed at my face. Unfortunately, with *MONEY* being more valuable then *MORALITY*, it'll happen eventually.

In my opinion, I suggest we put the RIAA/MPAA back in their places and not in our government.
nasadude

join:2001-10-05
Rockville, MD
Reviews:
·Verizon FiOS
said by Metatron2008:

Why are you so scared of the government stepping in to stop thieves? This happens for just about anything.

This is the governments job, and it was never you right to steal from people.
copyright infringement is not theft and downloading a song or copying a song is not stealing.

ReVeLaTeD
Premium
join:2001-11-10
San Diego, CA
said by Metatron2008:

Why are you so scared of the government stepping in to stop thieves? This happens for just about anything.

This is the governments job, and it was never you right to steal from people.
I disagree with TRUE piracy: Mass copying a CD and selling it out of your trunk, basically somehow making a profit off of work not your own. That, I believe should be punishable.

HOWEVER...

This is a civil matter. The real problem is the presumed loss of profit. That's civil. There should be NO criminal penalties to this, and the government should have nothing to do with it.

It's really not hard:

- Force the RIAA/MPAA to follow procedure. They must have a warrant to do any searching. They must subpoena records. They must have 100% incontrovertible proof that the person they say infringed, did.

- Clearly define the law. Downloading stuff that's available should not be punishable; I don't know it's pirated or not, it's just flotsam out in cyberspace. Uploading stuff should only be punishable based on the above: 100% incontrovertible proof that the items uploaded were infringed, and not backed up under fair use law. Additionally, they have to make sure that the item is what it's named to be. I could name something "Dark Knight 1080p.wmv" but in reality it's a news article about Hurricane Ike (which is protected under fair use). If they can't prove the claimed item is what it says it is, they can't pursue anything.

- Hold the RIAA/MPAA accountable for the same standards they would try to employ. If they have to download "infringing" things to prove guilt, that means they are also guilty of the same crime, and it should be thrown out and sanctioned.

- When a solid case is presented and validated by a judge, make the punishment fit the crime. No jail time. No exorbitant amounts. $1/song is all they get, because that's what the standard rate is per song. You can't say "well 10,000 people downloaded it!!" because out of that 10,000, 9,999 might have actually bought the CD, nullifying the piracy. Of course RIAA wouldn't know that, therefore the only money they can reasonably ask for is that which they logically lost; the $1 that the sharer didn't pay. I'd even be fine with maybe a $500-$1,000 penalty to the state for breaking the law.

- Sanction the RIAA/MPAA if and when they bring frivolous suits in front of a judge. Things like dead people, grandmas, and wrong address. They should be heavily sanctioned for those to force them to follow the letter of the law.

- Disallow any government, telco, or state level official from involving themselves in these matters. It's a RIAA/MPAA civil suit, that's all. None of this "telco will report you" crap. That's not their job; their job is to provide a service. It's the user's responsibility to follow the law and not the telco's responsibility to enforce it. Like on Law and Order, you can't go after gun manufacturers just because someone modifies a gun to kill 15 people. Go after the killer, not the gun maker.
SilverSurfer1

join:2007-08-19

Re: Ain't any different from any government form of protection.

said by ReVeLaTeD:

said by Metatron2008:

Why are you so scared of the government stepping in to stop thieves? This happens for just about anything.

This is the governments job, and it was never you right to steal from people.
I disagree with TRUE piracy: Mass copying a CD and selling it out of your trunk, basically somehow making a profit off of work not your own. That, I believe should be punishable.

HOWEVER...

This is a civil matter. The real problem is the presumed loss of profit. That's civil. There should be NO criminal penalties to this, and the government should have nothing to do with it.

It's really not hard:

- Force the RIAA/MPAA to follow procedure. They must have a warrant to do any searching. They must subpoena records. They must have 100% incontrovertible proof that the person they say infringed, did.

- Clearly define the law. Downloading stuff that's available should not be punishable; I don't know it's pirated or not, it's just flotsam out in cyberspace. Uploading stuff should only be punishable based on the above: 100% incontrovertible proof that the items uploaded were infringed, and not backed up under fair use law. Additionally, they have to make sure that the item is what it's named to be. I could name something "Dark Knight 1080p.wmv" but in reality it's a news article about Hurricane Ike (which is protected under fair use). If they can't prove the claimed item is what it says it is, they can't pursue anything.

- Hold the RIAA/MPAA accountable for the same standards they would try to employ. If they have to download "infringing" things to prove guilt, that means they are also guilty of the same crime, and it should be thrown out and sanctioned.

- When a solid case is presented and validated by a judge, make the punishment fit the crime. No jail time. No exorbitant amounts. $1/song is all they get, because that's what the standard rate is per song. You can't say "well 10,000 people downloaded it!!" because out of that 10,000, 9,999 might have actually bought the CD, nullifying the piracy. Of course RIAA wouldn't know that, therefore the only money they can reasonably ask for is that which they logically lost; the $1 that the sharer didn't pay. I'd even be fine with maybe a $500-$1,000 penalty to the state for breaking the law.

- Sanction the RIAA/MPAA if and when they bring frivolous suits in front of a judge. Things like dead people, grandmas, and wrong address. They should be heavily sanctioned for those to force them to follow the letter of the law.

- Disallow any government, telco, or state level official from involving themselves in these matters. It's a RIAA/MPAA civil suit, that's all. None of this "telco will report you" crap. That's not their job; their job is to provide a service. It's the user's responsibility to follow the law and not the telco's responsibility to enforce it. Like on Law and Order, you can't go after gun manufacturers just because someone modifies a gun to kill 15 people. Go after the killer, not the gun maker.
Good god, man! you are making FAR too much sense!

StreetSpirit
This spot reserved for Xenu.
Premium
join:2002-08-13
Roslyn, NY
kudos:3
Reviews:
·Optimum Online
·Optimum Voice

2 edits
To ReVeLaTeD See Profile,

Quick, someone elect that man to office! Hip Hip Hooray! Imagine, a sensible, reasonable approach to a civil problem...

Imagine that...

Jason Levine
Premium
join:2001-07-13
USA
I completely agree. That's why I support legislation that would make it a federal crime to pickpocket, take someone's car stereo, or newspaper. These crimes will now be investigated by the FBI and will carry a minimum fine of $300,000 with five years in a federal prison. After all, the Federal government needs to protect against all theft even if it is a civil matter!
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
pretty soon its going to get so bad that if you are known to hang out with someone downloading movies they will sue you for not being a rat.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

Simba7
I Void Warranties

join:2003-03-24
Billings, MT

Re: Ain't any different from any government form of protection.

Aiding and abedding.. Probably.

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