That's not a fair example, because 5 Euros has an intrinsic value. The theft here is of intellectual property. Here's an analogy:
When you take a book from a book store without paying for it, you are stealing.
When you take a book from a book store without paying for it, make an exact replication of it and return the original, you are stealing intellectual property.
Stealing involves depriving the original owner of access or possession of the item. Duplication is not stealing because the item being duplicated is not taken away.
Even if you consider it stealing, then what defense do you have for the people who paid the price that would supposedly allow them to have it permanently and suddenly it still gets taken away? That's not stealing? Even if we accepted that piracy by people who didn't pay is theft, why should people who already paid for the media not be able to access it from somewhere else if their original access is denied?
By duplicating, you're depriving the company to the exclusive right to copy that thing. But I don't think stealing some nebulous concept of a monopoly like that is wrong.
There is more nuance to it than that. The copyright holder still owns whichever copies are made, whether or not they are made with their permission. One could argue that by making a duplicate, you have taken possession of a copy without consent from its owner.
As for your other example about a copyright owner revoking access; this is completely subject to the terms of sale of that item. Without details of the license agreement it's impossible to say if the terms were breached.
There is more nuance to it than that. The copyright holder still owns whichever copies are made, whether or not they are made with their permission. One could argue that by making a duplicate, you have taken possession of a copy without consent from its owner.
That is an extremely recent construct largely promoted by the big media companies themselves. For the vast majority of human history, intellectual property was not a thing and works could be freely copied, modified, redistributed, etc and it was considered normal. When copyright first came into effect, it was for a fixed period that was relatively short, after which anyone could use the work however they wanted. That was the original intent of copyright, which was only to give artists an exclusive period to profit from their work without competition, not exclusive rights for all eternity. Disney was the one that lobbied for copyright terms to be extended, then extended again, then again, and critically, extended to include the life of the "person" that created it, but since corporations are also "persons" under the law and just so happen to not have bodies that can die, effectively corporate media is copyrighted forever.
Also, those media companies claim to be such big proponents of intellectual property protection, they would never, ever do the exact same goddamn thing to independent artists, with the only difference being that they actually profit from it when the vast majority of "piracy" is for personal use, and that they know for a fact that independent artists rarely have the resources or time to actually do anything about it, right? Riiiiiiight?
If anything, shouldn't small independent artists get more protection under the law if copyright was really meant to benefit artists and safeguard the creative process like it claims it does? The FBI can arrest and jail you for pirating a movie, but when a corporation commits the same crime there isn't even a whiff of consequences. At this point we really ought to ask what the real purpose of copyright is after all the changes made to it and who it's actually meant to protect.
As for your other example about a copyright owner revoking access; this is completely subject to the terms of sale of that item. Without details of the license agreement it’s impossible to say if the terms were breached.
Gee, it almost sounds like the laws regarding what they can and can't put in those terms of sale are nowhere close to fair and were specifically written by the giant media holding companies to exclusively benefit them and screw over the consumer! Laws and regulations can't possibly be immoral and corrupt right?
I mean, at the low level, sure. “Bart Simpson”, the concept, was created by a person. Bart Simpson, the character, was developed and built as a collaborative effort of several people spanning the course of decades, and continues to be developed by teams of people.
The copyright shouldn’t belong to an individual. The rights to the intellectual property need to be protected, but so too do the rights of everyone who contributed to building it.
Unfortunately, corporations are really the closest proxy we really have.
Thats what’s really exciting about new media, and small time collaborators, and niche content. HomeStar Runner doesn’t belong to Disney, or Fox, or Viacom. He belongs to the small group of people who created him and his friends. The same could be said for Kurzgesagt, or The Lockpicking Lawyer, or both the Nostalgia and Angry Video Game nerds.
The corporations exist to extract as much ownership as possible from the creative class, it is not a proxy ownership by those doing the collaborative work. See the recent WGA strike as an example. Unions and co-ops are the proxies, not corporations.
Unfortunately, corporations are really the closest proxy we really have.
[citation needed]
The closest thing we have to "representation proxy to a community of people who helped author a thing" is an author's guild, for example. And things like the Writers' Guild already exist, I'm sure there's a Drawers' Guild too. Not as close, but more solidly defined, would be a union, oh guess what? We have those, too.
In comparison, a "corporation" has a whole lotta fat.
I think my point is getting lost in the one pro-corporate part of it…the corporation is responsible for nearly all of the risk, and that investment is what ultimately creates the content. They absolutely do deserve some stake in its IP, just not necessarily nearly as much as they currently have.
This is why I love new media. Low enough startup costs that small individuals and small groups could easily creat and own their own content and IP. It’s really the big investments that complicate everything.
It used to be necessary to sell your soul to the establishment to get your content in front of a large audience, but it’s not anymore.
And don’t get me wrong, it’s only in this specific context and conversation that I would call Google the good guys, or at least the lesser of two evils. Obviously context matters.
I think my point is getting lost in the one pro-corporate part of it…the corporation is responsible for nearly all of the risk, and that investment is what ultimately creates the content. They absolutely do deserve some stake in its IP, just not necessarily nearly as much as they currently have.
No and no.
the corporation is responsible for the risk
The creators take more of a risk by going with a corporation. Corporations have hella money, they can afford to spend some on [checks notes] living wages.
I absolutely agree with you that the arguments you put forward is the way it should be. However, currently, as we see here in the case of Sony, there is a perceived unfairness in what consumers expect from a license agreement and what is in fact in them.
Time will tell if our judicial system acknowledges that it's reasonable to assume that if you are offered a digital good "to buy" that it will remain available ad infinitum and hence Sony held to be liable.
In a strict legal sense I think you are right. There is some good rationale for copyright, going all the way back to the 1700s, I think. Most artists pretty much need copyright in order to survive. Also, yes, companies should have the ability to freely negotiate contracts, and to have legal protection against someone breaking those contracts. And, yes, these slogans about piracy not being stealing are legally unsophisticated and facile. That said, you can probably sense the "however" coming...
HOWEVER, the context is important. All law is based on an implied social context. When companies engage in practices that poison the market, they break the implied social contract underlying the laws that protect them. The result is retaliatory behavior by consumers. It doesn't matter whether we're talking about media and games or food prices. People will steal when they feel the law, as applied in a particular social context, is no longer fair. It isn't morally right, but it isn't exactly wrong either. It's more of an inherent market mechanism to curtail shitty corporate behaviour, and that's why governments tend not to interfere too much with individual downloading.
When there is no easy way for consumers to fight back, that's when governments need to get involved. Ridiculously high drug prices being a good example.
Information Wants To Be Free. Information also wants to be expensive. Information wants to be free because it has become so cheap to distribute, copy, and recombine---too cheap to meter. It wants to be expensive because it can be immeasurably valuable to the recipient. That tension will not go away.
How is creating a popular a novel any different than creating a popular object? Hundreds of hours of labor go into both and the creators are entitled to the full value of said labor.
Say you have an amazing story about the vacation you took last year, and told all your friends about it. You would justifiably be pissed if you later found out one of your friends was telling that story as if they had done it. It's the same for someone who writes a book or any other form of media.
Thank you for saying this. I get downvoted here all the time for reminding people here that the creators of these works need the income from this to survive, pay their bills, and take care of their families. You may not be stealing the movie/book/music or whatever but you are stealing income from the creators. People here don’t like hearing that because it throws a wrench in their mental gymnastics they use to justify piracy.
The only justified piracy is the kind that results from media that is no longer legally available for purchase. In cases like this Sony situation, as this article points out, not only do customers know about this in advance but the industry has been vocally and incessantly warning people about this. Consumers who still have Sony and Adobe money for this stuff are just as much to blame for this. They weren’t willing to not have something on principle so they bought it anyway and these companies took that as a sign that this behavior is ok.
Next time, vote with your wallet and don’t buy their shit in the first place. Find ways to buy things that don’t use this shit and have some self-control and don’t buy the things that do. This whole Veruca Salt “but I want it, daddy” bullshit has put us in this situation and the situation where everything now is a subscription and everyone is harvesting our data. Keep giving them money and they’ll keep giving you more of this horseshit.
That’s not true in the slightest. It doesn’t have to be depriving someone of a good when it can still be depriving someone of the value of that good. If you don’t pay, you don’t get to ingest whatever media you’re talking about. That media has value. It took someone time, and possibly money, to create it. Information has value. If you don’t see a movie/show, you can’t talk about it with others who have. All of that has value, even if you don’t think it has a cost or a price.
We aren't talking about plagiarism, the friend would be telling the story about you still.
Spoken word narratives are such an integral part of culture, imagine if your grandpa told you to never repeat any of the stories of his childhood because "he owns the copywrite". Insane. That's what you are suggesting.
Ideas are not objects. Having good ideas shared incurs no loss to anybody, except imagined "lost potential value".
I'm saying that those who create are entitled to the value of what they create. If a company asks to look iver some of your work before hiring you, says that they aren't interested, and then you see them using that work afterwards i doubt you would be saying "well, information should be free".
If you want to write stories, draw pictures, make movies or webshows and distribute then for free ti everyone, then that's a noble initiative, but creatives depend on what they create for their livelyhood.
saying that those who create are entitled to the value of what they create.
Here I was thinking we all deserved a giant meteor.
The publisher example is one of a difference in power and you're saying that IP is there to protect the author. Except this whole video is about how that doesn't happen anymore. The law is written and litigated by those with power.
I bought a book, I lent it to my friend to read. That shouldn’t be different than copying it so we could both read it at the same time and talk about it.
It is completely different. You can’t loan one book to 300,000 friends. By doing that, you’re stealing income from the author who wrote the book. If you, instead, recommended the book to your friend and then they bought it, you both get to read it and the author still gets to make a living.
So if I share that book with 50 friends over the course of the year that’s not taking income, but if it copy it 50 times and share it in a day it is? I could also sell it to my friends or even rent it out to them, that’s all money in My pocket and legal, until I copy it instead.
No, it still is. You’re just physically limited to one person until they finish reading which limits the damage. You can’t physically share it to them in one day. Either way, the author isn’t getting paid for their work.
If you actually like the book, you should encourage people to pay for it so that the author can make more of what you like. The way you’re doing it, the author will have to get another job and won’t be able to write because they can’t pay their bills.
Edit (since OP edited): The point still stands. You can’t sell one book to multiple people and “renting” it is still taking money from the author even if the damage is physically limited to one item.
“renting” it is still taking money from the author even if the damage is physically limited to one item.
I do see where you're coming from, but not necessarily. If my friend has zero interest in ever buying said book (or can't afford to) and would never become a paying customer, there is no downside to sharing a copy. In fact, if they like the book enough, they may even become incentivized to buy themselves a copy or look into the author's other work legitimately when they otherwise wouldn't have.
This is how/why I pirate most games. I don't have the type of pocket money to spend on games I don't know I'll love, so I pirate them first. If they're good enough, I'll buy the actual game on steam later. Spider-Man, Baldur's Gate 3, Cassette Beasts, etc. are all games I plan to buy when I can afford to. And I can promise I never would have bought Slime Rancher 2 if I hadn't pirated the first one at some point and enjoyed it.
I’m exactly the same way. The point is that you’re paying for the things you want to see more of. That’s where my prior comments about value matter in this context. If your friend wasn’t interested in purchasing and you share a copy, then there’s no difference on the value side other than, without your purchase, they wouldn’t be able to ingest that content. The risk of the opposite, though, is far greater when there are no physical limitations. Even in the library scenario someone mentioned earlier, the libraries are still paying for the initial purchase and the number of rentals inform their future purchases so the author still retains some value from that and their livelihood is still supported.
Mind you, I’m not against piracy. What I’m against is people pirating and then pretending that it’s not stealing. You may not be stealing a physical item but you’re still stealing value and income from the creator. What you’re doing at least returns value and income to creators whose work you enjoy. I feel like people here ignore that because they’re not personally affected by it.
I own a production company. We make everything from graphics, video, audio, 3D models, to custom per-project hardware builds. A few years ago, a small subset of my team decided we wanted to make a video game for iOS/Android. We released it at 99 cents. On Android, it was available for pirating on day 1 and we had planned for that inevitability so our player stats included a tag in our reporting that recognized that. We only got about 300,000 downloads worldwide on Android and, of those, about half were pirated plays. If 100,000 of those people had paid the 99 cents, that would have been life changing for us, at the time. We could have paid off the house we were using as an office at the time. We blew it off initially as “eh, they probably wouldn’t have paid for it anyways” or “they probably pirated it just because they could and tried it once and stopped playing” but, much to our surprise, the player population that played it the most (over 70,000 that played for at least 10 minutes every day) were the pirates. We even added cosmetic transactions after the fact to try and recoup some of those users and made packs for 99 cents. They kept playing but pirated the packs and used them for free. The game studio side of things died and we shut it down afterwards. If even half of the half of people who pirated and played the game daily had paid any one of the 99 cent costs, we could have funded more content or more games. I find it hard to believe that that many people hated our game but still played daily and didn’t even like it enough to pay slightly more than the cost of a stamp for our team’s work.
You know who pays for our work every time? Movie studios, production companies, video game developers. People shouldn’t be surprised when they’re feeding the very monster they’re complaining about and killing the alternatives and, worse yet, attempting to justify their theft as being moral. Just admit you’re stealing and let’s be adults and figure out a way to not have to keep the existing, shitty system afloat.
I never said libraries and used book stores were illegal, you dunce. Nice straw man.
You missed the entire premise of this thread (which you responded to) - authors need to make a living. If they don’t, they stop writing. You’re causing your own problem. You responded to “authors won’t get paid” with “but people stealing it aren’t claiming they’re the authors”. I think it’s pretty obvious who missed the point here.
If I can lend a book to someone and that’s not illegal, how is copying it and lending it to them any different? Either way the writer is missing out in both scenarios.
But hey, insult me since you missed the entire point of the piracy angle here.
Either way the person is losing out, so the end result is the same so it shouldn’t matter in the end. I’m sorry you missed this point. If I can lend someone a book, there is no reason why the situation should be different if it’s digital or a copy. The artist isn’t missing out since they never had the intention of buying in the first place.
But hey, throw insults, that’ll get people on your side.
The end result is not the same. You can’t physically reproduce and share a book fast enough, for free to create the same dent that you can by digitally reproducing something ad infinitum. I didn’t miss the point. Again, you missed the point of the thread that you responded to. You didn’t respond to the main thread on this post, you responded to a comment that the authors of this content deserve the income and value of the media you’re ingesting.
You’re just a dishonest person. I don’t want you on my side. You don’t see the harm you’re causing and then attempt to justify it because you’re a bad person who doesn’t care if you’re hurting people and stealing their livelihood just so you can have something like an entitled child. On top of that, you keep pretending like I missed the point when you keep ignoring the point you responded to. Just go away.
Why are you assuming it’s being done for profit? I already said it was to share with my friends. You can’t take money from an artist if they never had the intention of buying in the first place.
If lending a book isn’t theft, sharing a digital copy isn’t either. Obviously making a business and profiting from it is entirely different, but that shouldn’t have to be specified.
There is a difference here between lending or resale of a physical product. Can you sell a second hand book? Typically, yes. Can you do mental gymnastics to draw a parallel to reselling a digital version? Evidently, also yes.
No reasonable person who says "information should be free" is also lumping in PII with that. It's clear from the context in this thread that they are referring to media and knowledge (seeing how the post itself was about media and everyone has been discussing the justifiability of things like piracy amid the erosion of digital ownership), not about posting where people live and shit, so you bringing up personal information is at best a misunderstanding of what the saying "information should be free" actually means or at worst a logical fallacy and deliberate attempt to derail the conversation.
Also, just saying, personal information is currently free regardless of whether or not it should be or whether it's legal or ethical. There are thousands of websites indexable by search engines that list people's information for anyone to take, mostly from data breaches or otherwise scraped from the internet. It's one of the main ways scammers get your contact info. There are even websites specifically dedicated to archiving doxxes, hosted in jurisdictions with no privacy laws so the victim can never get it removed. Search your own phone number or email, I bet you'll find it listed somewhere possibly with a ton of your other information. Unlicensed movies are immediately struck off the internet as soon as they're discovered though, funny how the law takes pirating movies more seriously than the posting of private information that can literally ruin people's lives and make them a target of assault, stalking, vandalism, etc.
What is exactly "information" in this statement? Is a feature length movie "information" that needs to be shared freely? At 4K freely or will HD suffice for the meaning? Or is it just a plot summary? I'm in the camp that will argue just the latter.
That second dot should be when you make an identical copy of the book without taking it from the shelf. When I get an unlicensed copy of a book, the original is never out of place, not for a moment
Piracy was huge in Australia back when films were released at staggered times across the world. If it was a winter release in America, it would release six months later in the Australian winter. Try avoiding spoilers online for six months.
Piracy is less now because things are released everywhere at once and we aren't harmed by a late release
Now when companies pull shit like deleting content you think you bought, they encourage people to go around them. Play Station can't be trusted? Well there are piracy channels that cost only a VPN subscription (and only while you're collecting media, not after, while watching and storing it) and people will be pushed to those
If what you care about is the abstract idea that the idea of something can be owned, whether the book is in the library or in my pocket doesn't change the fact that the idea of the book is by the author. I can move the book wherever - across even national borders if I want to - and that "intrinsic value" doesn't change.
Only if you subsequently distribute it does that "theft" break the law.
Also money doesn't actually have intrinsic value. It's just fancy paper. Things like food and shelter and clothing, and the tools and materials with which to make them, that's what intrinsic value is.
Making a copy without the copyright is against the law, no matter which way you slice it. Egregious large-scale infringement is usually prosecuted, whereas it's otherwise settled civilly. Nevertheless, both constitute copyright infringement.
Indeed I had the terms confused: it's incorrect to say fiat currency has intrinsic value; it has instrumental value.
Taking a product from the shop without paying and returning the item later is still stealing.
There was a story on Reddit where man stole a few grands of $ in products over a few years at his local grocery shop, and one day when he wanted to return what he stole he was arrested on site.
The copyright holder should never have ownership of my copy. If I purchase it it should be mine to use. The shop should not be allowed to come to my house and take it away.
The key difference here is that you only own the copy when the copyright holder sells it to you. I don't know if you're being obtuse, but this shouldn't be a difficult concept to grasp. If it helps in understanding, try replacing "copy" with "product" and "copyright holder" with "store."
The key difference here is that you only own the copy when the copyright holder sells it to you
Right, I should own my copy. I have purchased this copy and it's mine now. It's bullshit for a store to say "now that we no longer sell the thing your purchased previously you're not allowed to own it anymore."
Ownership is one condition that a copyright holder might offer, but that's not guaranteed. Video rental shops would allow unlimited consumption for a limited time period, for example. We can argue all day about the differences and what consumers want versus the conditions under which content producers currently operate. I am personally also extremely frustrated by that, and I vote with my wallet: I do not subscribe to services that I find too restrictive or too expensive.
Where I am in the minority, however, is my position that copyright infringement is illegal, unethical and can in any way be legitimized.
That's probably going into semantics and what the law says, it's different for every country.
What's happening with games and softwares are cracks and repacking, it's manipulating few parts of the original product to provide partial or sometimes full functionality. This is an infringement of intellectual property and not a counterfeit.
For podcasts, music and movies it's usually a rip, out of vinyls, lossless or a high definition source. These are copies, not manipulated in any way.
Copyright doesn't explicitly say anything about distribution. Distribution is usually used to determine the scale of the crime and calculating incurred damages.
IMHO it does contradict what you say. Intention doesn't matter. If you copy currency , you either have to make apparent its fake currency or you are might get in trouble with law. Intention, aka motive is hard to prove and if proven doesn't make it legal to copy official currency.
The "taking a physical object" analogy doesn't even give us anything useful.
Most stores of perishable goods don't want to hold onto their stock; they want to give it away, ideally in a way that makes them money. In many countries, they will even give away the last excess to homeless people that would not reasonably be able to afford it.
If there's one orange seller in a town that's put effort into a supply train to bring oranges there, but someone has shared a magic spell that lets them xerox oranges off the shelf, then that orange seller never gets paid, and has no livelihood; it doesn't help him that he still has all of the oranges he brought to market, he's not going to eat them all himself.
I expect the morally deprived will answer "Not my problem." Yet, it's going to be an issue for them when they try to run their own business.
Prostitutes can't have a romantic life unless they're paid to do so? This is such a bizarre metaphor, let's see where it leads 🍿
Also: if there's no consent it's not steeling, it is rape. It's really strange to think how because of someone's profession we recontextualize the act as steeling and not rape. Ie it's like saying one is steeling from prostitutes while not addressing the fucking rape. This is your brain on Milton Friedman economics - where your body is a commodity with a price.
Yes, that's the definition of a service. Just not sure what your point is about talking about prostitutes as if one was steeling a service when they get raped. Steeling from creatives is rape or something?
Stealing is the wrong word for it though as software piracy does not deprive the owner of the thing copied.
There are arguments that it is nett good even as it gets people into an author, singer, game company, while they cannot afford it and they may become a good customer for that author, singer, game company later in life
This new problem where companies revoke your licence to content is the industry shooting itself in the foot so I don't care about the ethics of it, if they don't sell me a product for me to own like I own a paper book, I'll take a copy without licence
How is the owner not deprived of your copy? Have you given it back to them? It's an odd thing to mince over words like "theft" and "stealing." If it's the words that bother you, perhaps consider this: should it be permissible to consume a digital good without consent of the copyright holder?
If the copyright holder wants more exposure, that is up to them to decide. It's absolutely unreasonable to do so on their behalf and claim it's somehow doing them a favor. With that logic, any form of theft can be legitimized.