Pirate Bayers' Appeal Rejected; Fines Increased

Page 2 - Seeking answers? Join the Tom's Guide community: where nearly two million members share solutions and discuss the latest tech.
Status
Not open for further replies.
G

Guest

Guest
The whole LEGAL problem is that they were making money (with advertisement) from this service.
 

millerm84

Distinguished
Jan 5, 2009
86
0
18,580
[citation][nom]rede[/nom]Google removes links to illegal content when notified of them. By contrast, the pirate bay posts the takedown notices on their site and ridicules them. I hope you can see the difference in attitude there.[/citation]

Having a defiant attitude is not a crime (in most countries) the only real crime was not removing the links after the take down notices were posted. However, creating a new link to the same content is a legal way to circumvent the notice (as it is done by the provider and not the pirate bay) rendering it useless. This strike is unreasonable because it targets the interface between the pirate and the content provider rather then the content providers (who are the ones actually breaking the law).

It's like prosecuting the performance parts dealer for street racing. He knows people are using his parts for racing, he posts videos of them escaping the cops in his shop and on his website. But no one can arrest him because he isn't conducting the races or racing himself just providing the ends to a means.

[citation][nom]rede[/nom] Piracy damages the industry and negatively impacts all of us as consumers. We have to wait up to a year before games are released on the pc because of piracy. We face increasing intrusion and spying from the government because of piracy. ISPs are capping bandwidth and blocking ports due to piracy. Don't ruin things for everyone.[/citation]

I will give you most of that, except the "ISPs are capping bandwidth" part. That is a reaction to profit loss from legit streaming content. Netflix, Direct2Drive, Steam, youtube ect. are more responsible for the caps then piracy. Netflix, Hulu, and other video on demand services cut into tv services provided by the cable companies, that why they push for caps harder then DSL FIOS providers.

And to a lesser degree the government would use any excuse to spy on people. Governments don't trust their people and they fear people can freely share ideas with others. If it wasn't 'copyright protection' it would be something else.
 

RADIO_ACTIVE

Distinguished
Jan 17, 2008
275
0
18,930
This whole issue is twisted lol... It's like the war on drugs it will never be won only large amounts of tax dollars will go into it trying to enforce it lol.
 

bildo123

Distinguished
Feb 6, 2007
205
0
18,830
[citation][nom]borisof007[/nom]lol 6.4 million dollars for what? Hosting a site among 30 other sites that allowed people to download files which allowed people to connect to other people to share stuff illegally?How does that crap hold up? That's like going after glass pipe manufacturers because they allow people to do illegal drugs.[/citation]

*worlds smallest violin solo plays*, if you can't do the time, don't do the crime. Life is ALL about risk vs. reward. Some are just on a bigger scale than others.
 

f-14

Distinguished
Apr 2, 2010
774
0
18,940
[citation][nom]cyberdeathninja[/nom]at falchard's comment.... you're right and wrong. In the US the penalties would have gone down a lot differently... the owners of pirate bay would have gotten 20+ years, possibly life in federal prison and it would have been like 200 million in fines. RIAA and MPAA are notoriously cutthroat and have dropped multi-million dollar lawsuits on *users* let alone bigger organizations and charged people with major federal felonies, notice the FBI anti-piracy warnings in front of most American films.[/citation]

i think you yourself needs to re-read those disclaimers on the movies again, as well as the digital millenium copy right act, and the original copy right act itself as well. you will find falchard is dead on right as you can already look for torrents with google, how come the riaa and mpaa didn't go after google as they have millions more in cash? that's exactly why, they went to somebody who didn't have US law on their side as well as millions to blow mpaa riaa lawyers out of the water in the hearing alone.
copy right laws are about reproduction and distribution. as the internet was not around when copy right law was made the mpaa and riaa felt the original copyright laws were not strict enough and wanted to nail the internet service providers to the wall since they have billions in cash, the ISP's fought back on the grounds they were not allowed to stop their users actions due to other US laws and freedoms. the DMCA specifically limits the internet service providers damages for it's users actions as they are not allowed to stop what their users do in accords with other US laws.
pirate bay is no more of an internet provider then google is yet they both can find the same torrents. pirate bay just happened to make their search engine centered on torrent file searching rather then the eniter world of information legal, illegal or undeclared like google does.
liability takes a very different and tricky legal perspective as pirate bay did not post any files onto the internet nor did they reproduce any works. all they did was direct a search to where the files could be found, nothing more, and nothing less.
this case is nothing more then a bunch of angry bullys pushing around some guys for telling other people who wanted to break the law where people could do it at and not recording who it was and providing that information to the bullies so they could go after each and every person on that list for breaking the law, if they so chose. pirate bay also did nothing to bypass any anti copying protections which is another thing the DMCA was created for to cover encryption protections and to increase penalties and damages for using the internet to violate copyright law in the US. the european union has their own type of DMCA which is different from the US DMCA as people not in the united states don't have the same freedoms and rights as americans do. i do not know much of anything about the EUCD law aka european union copyright directive.
i actually took the time to read the DMCA as well as the Digital Encryption Act while billy clinton was in office and congress was deciding these and recently re-read them this week while researching how bad the wiki leaks people are going to wind up.
 

rhino13

Distinguished
Apr 17, 2009
256
0
18,930
*groan* more piracy stuff.
This is always just a flame war.
Truth is whatever industry you steal stuff from you damage.
I just wish we'd see less piracy of PC games :(
It may be so beat up that developers are going to give up on it all together soon.
I still love the industry though QQ
 

kingnoobe

Distinguished
Aug 20, 2008
360
0
18,930
Wow smith you're so smart.. So lets sue smith and wesson next because they make guns that kill people.

Lets sue everybody who uses alcohol in their products because people drink, drive, and kill others because of it.

Also lets not forget about Ford, Chevy, Toyota, etc.. because they make the vechicles drunk drivers use to kill others.

And dare I mention Google our overlords. I won't get into that though as I don't want our overlords to come and kill me.

Of course we could just keep going and going. But the bottom line is a tool is a tool the maker shouldn't be responsible for the way the users use it.

 
Status
Not open for further replies.