the pirate bay dudes are a logical end to all the 'extreme marketing' during the '90s and '00s that led people to think that rebellion = spending money on people who struck that particular pose. follow the money. they weren't exactly running a charitable enterprise.
(also they are about 25% as 'witty' as they think they are.)
@Maura Johnston: How can you say extreme marketing has come to a "logical end" when both you and I know there are still megaliters of sports drinks and body sprays out there to be sold?
Contrary to Dick Title (above), this post has a point.
These guys had an amazing opportunity to spur a debate on intellectual property. They could have gotten the public, which is much more connected (lol facebook) than back in 2000-2005, together for a discussion on intellectual property.
Honestly, Owen, are you being paid by RIAA or MPAA for this post? Why aren't you upset with Google for providing links to "illegal" content?
You also imply that all file-sharing is somehow wrong when there are plenty of instances where sharing even copyrighted content over a P2P network is (or should be) perfectly within a users rights.
Sad to see you siding with the forces of big media when Gawker gets away with many of its post under "fair-use" laws that groups like RIAA and the AP would be happy to have eliminated.
Re-reading your post, I would be embarrassed for writing such poorly formed arguments.
@David Title: You know, not every person who objects to the Pirate Bay--and not every person who uses poor argumentation to voice their objections--is necessarily in the pocket of the RIAA or MPAA. Crazy, right? But it's an idea worth considering, however idly.
I am not familiar with the details of the case, and I know nothing about law, but it would seem that the intent of the creators/operators of should matter. Calling it "Pirate Bay" is one indication of their intent. The fact that the site is used primarily for illegal sharing is another.
Hammers are used primarily for nails. P2P networks are used primarily for illegal file sharing. One could argue that operating a P2P network with no checks in place for monitoring and suppressing illegal sharing is irresponsible to the extent that the operators are accessory to the illegal activity.
Should you be let off scot free for swinging a hammer at someone's head just because you can also use it to hammer a nail?
That's not the question. The question is "should a hammer maker go to jail if someone swings a hammer they made at another person's head?"
File sharing is the tool in your metaphor. The act of swinging the tool at a person's head is the act of posting a link to a copyrighted work. And that's done by the users of The Pirate Bay, not by the site's owners.
The RIAA has been suing users too, and we've all seen how well that's gone for them lately. This lawsuit thing is just the wrong tack.
Not that the Pirate Bay owners helped themselves any with their public statements. They made themselves a less sympathetic target. But that doesn't make the verdict any less wrong. You don't convict people in court for being assholes.
@badasscat: You don't convict people in court for being assholes.
No, but I see nothing wrong in jailing those who don't bother to develop a reasonable argument for their innocence when they are perfectly capable of doing so; as Owen says, "they spent most of their time in and out of court on jokey gestures, trying to pretend that the case was too ridiculous to take seriously."
BTW, maybe a better--or at least more provocative--metaphor would be based on guns rather than hammers.
@badasscat: It's my impression that fences should go to prison for selling stolen goods. Ultimately, intellectual property is someone's work (regardless of the RIAA), and Pirate Bay was facilitating theft.
@Dickdogfood: Um, are you serious? You know about that whole innocent until proven guilty thing? It was quite popular until about thirty years ago or so. What if you don't like the quality of the defendants jokes? Death penalty?
@Grandma Death: Extremely strong case? A quote from the Pirate Bay's website: "Also note that we do not remove _any_ content, what-so-ever, if it is not wrongly labeled." This is why they are breaking the law. Unlike YouTube, when they are informed of copyright infringement on their service, they don't take it down.
@musicmope: I would imagine that the presumption of innocence does not necessarily mean the accused should make no case, or an unserious case, and expect exoneration.
Why yes--the death penalty is too good for people who tell terrible jokes. I'm not sure yet what an appropriate punishment would be, though. I am currently researching Wikipedia on the subject of all the various hells mentioned in the sacred texts of Buddhism. Right now I'm thinking it's Samghāta hell, but once I come up with a final answer, I'll be sure to keep everyone posted!
@Spinfusor: Unlike YOUTUBE, which is an AMERICAN company that might break AMERICAN laws, such as the DMCA. As you know, we are refering to a SWEDISH company, that operated under SWEDISH law.
Also, you made the same mistake every other non-interwebbing fool does. There is no copyrighted content on Piratebay. Not a single byte. There are links. Links to other sites and other files elsewhere. None of it is stored on the Piratebay's servers. You should join the prosecution, they have an equally retarded view of the case.
And again, if you actually followed the trial, the Piratebay had to prove it doesnt remove ANY properly named content, because doing so would constitute making all OTHER illegal files "available". A point they made blatantly clear with their infamous "legal" section.
Why can't Americans understand that there isn't 1 set of laws? Is it really that hard?
@celery: What kind of moron are you to dismiss "whatever technical minutiae of the law that internetters are grasping at"? There's a reason they're technical and detailed. You're old and out of touch. The sooner you die, the sooner society can progress.
@atlasfugged: "If an entity facilitates the transfer of stolen (intellectual) property, then that entity is at least partially liable for the theft."
You must also think liquor manufacturers and the Department of Transportation are partially liable for drunk driving accidents and locksmith tool manufacturers are partially liable for burglaries.
Besides, "intellectual property" can't be stolen. The term "property" is a misnomer encouraged by those with a vested interest in considering it such. If someone retells a joke I've made up, I'm not left short one joke Get a grip.
@lawnsprinkler: Oh, I understand the argument alright. I understand it well enough to see it as an obvious attempt to bypass the spirit of the law with some loophole, which is more than I can say for you. It's like trying to get a murderer off the hook because one foot was in international waters at the time. These dudes may have some sort of legal argument, but it's pretty obvious that they caused theft.
Of course, you can't understand the concept of intellectual property, so in reality, you're the one that the world is waiting on to die. In the meantime, please keep your ramblings to within your hippie commune.
04/17/09
04/17/09
(also they are about 25% as 'witty' as they think they are.)
04/17/09
04/17/09
These guys had an amazing opportunity to spur a debate on intellectual property. They could have gotten the public, which is much more connected (lol facebook) than back in 2000-2005, together for a discussion on intellectual property.
These guys are a bunch of punks. Good riddance.
04/17/09
They have already announced they will appeal the decision, which will most likely be taken to the Swedish supreme court--Regeringsrätten.
Not likely they'll face jail-time in the near future...
04/17/09
Pronouncing tripingly upon the tongue a few times:
Reg-e-rings-rät-ten. Reg-e-rings-rät-ten.
04/17/09
Try Sjuksköterska, which means "nurse" in Swedish.
It is by far, the hardest word for me to pronounce.
Sounds like: huick-horsh-tiska
04/17/09
That's even worse than that mean ol' Danish ro-gro-mit-fleudl-mabob.
04/17/09
You also imply that all file-sharing is somehow wrong when there are plenty of instances where sharing even copyrighted content over a P2P network is (or should be) perfectly within a users rights.
Sad to see you siding with the forces of big media when Gawker gets away with many of its post under "fair-use" laws that groups like RIAA and the AP would be happy to have eliminated.
Re-reading your post, I would be embarrassed for writing such poorly formed arguments.
04/17/09
04/17/09
04/17/09
Can you waste a little sharing some information about your avatar? Who is that?
04/17/09
04/17/09
Wow was I off. I thought it might be a young london mod from the 60's.
04/17/09
Hammers are used primarily for nails. P2P networks are used primarily for illegal file sharing. One could argue that operating a P2P network with no checks in place for monitoring and suppressing illegal sharing is irresponsible to the extent that the operators are accessory to the illegal activity.
04/17/09
That's not the question. The question is "should a hammer maker go to jail if someone swings a hammer they made at another person's head?"
File sharing is the tool in your metaphor. The act of swinging the tool at a person's head is the act of posting a link to a copyrighted work. And that's done by the users of The Pirate Bay, not by the site's owners.
The RIAA has been suing users too, and we've all seen how well that's gone for them lately. This lawsuit thing is just the wrong tack.
Not that the Pirate Bay owners helped themselves any with their public statements. They made themselves a less sympathetic target. But that doesn't make the verdict any less wrong. You don't convict people in court for being assholes.
04/17/09
No, but I see nothing wrong in jailing those who don't bother to develop a reasonable argument for their innocence when they are perfectly capable of doing so; as Owen says, "they spent most of their time in and out of court on jokey gestures, trying to pretend that the case was too ridiculous to take seriously."
BTW, maybe a better--or at least more provocative--metaphor would be based on guns rather than hammers.
04/17/09
04/17/09
04/17/09
04/17/09
Why yes--the death penalty is too good for people who tell terrible jokes. I'm not sure yet what an appropriate punishment would be, though. I am currently researching Wikipedia on the subject of all the various hells mentioned in the sacred texts of Buddhism. Right now I'm thinking it's Samghāta hell, but once I come up with a final answer, I'll be sure to keep everyone posted!
04/17/09
Also, you made the same mistake every other non-interwebbing fool does. There is no copyrighted content on Piratebay. Not a single byte. There are links. Links to other sites and other files elsewhere. None of it is stored on the Piratebay's servers. You should join the prosecution, they have an equally retarded view of the case.
And again, if you actually followed the trial, the Piratebay had to prove it doesnt remove ANY properly named content, because doing so would constitute making all OTHER illegal files "available". A point they made blatantly clear with their infamous "legal" section.
Why can't Americans understand that there isn't 1 set of laws? Is it really that hard?
04/17/09
04/17/09
@atlasfugged: "If an entity facilitates the transfer of stolen (intellectual) property, then that entity is at least partially liable for the theft."
You must also think liquor manufacturers and the Department of Transportation are partially liable for drunk driving accidents and locksmith tool manufacturers are partially liable for burglaries.
Besides, "intellectual property" can't be stolen. The term "property" is a misnomer encouraged by those with a vested interest in considering it such. If someone retells a joke I've made up, I'm not left short one joke Get a grip.
04/18/09
Of course, you can't understand the concept of intellectual property, so in reality, you're the one that the world is waiting on to die. In the meantime, please keep your ramblings to within your hippie commune.