... aren't the torrents.
It's the correspondence!
http://thepiratebay.org/legal
The best ones are those where the non-pirates are really insistent, like the websheriff lawers:
Subject: Re: Re : WHITE STRIPES / Pirate Bay - TorrentsFrom: anakataTo: Jgela1@aol.comDate: Thu, 26 May 2005 14:01:41 +0200On Thu, 2005-05-26 at 06:11 -0400, Jgela1@aol.com wrote:> > Web Sheriff> Protecting Your Rights on the Internet> Tel 44-(0)208-323 8013 / Fax 44-(0)208-323 8080> websheriff@websheriff.com www.websheriff.com> > STRICTLY PRIVATE & CONFIDENTIAL> ATTENTION ADDRESSEES ONLY> > Dear Frederik,It's spelled "Fredrik".> We would refer you to our notification of yesterday's date regarding> the above, the contents of which are self-explanatory (hereinafter> referred to as the "Notification"), to which we have yet to receive> the courtesy of a response.We would like to refer you to our Legal Threats section, on which we,while having much fun, ridicule people like you.Thank you for your contribution.> Notwithstanding the fact that you contend that torrent hosting is> legal in Sweden (which we would dispute), ...and I would like to refer you to the relevant court cases.Unfortunately, our legal team partied quite heavily last night, so theonly reference I can provide you with is Högsta Domstolen (the SwedishSupreme Court) NJA I 1996 page 79.> you also seem to fail to recognise that your web-site is accessible> all over the world and that, as such, your actions and, furthermore,> your refusal to act, opens you and your company up to the possibility> of law suits in - inter alia - the United States and the United> Kingdom. Such law suits could result in your being refused entry to> both the US and the UK Damnit. You got us there. Now I'm so scared I pissed my pants. Whereshould I send the invoice for cleaning them? > Accordingly we would strongly recommend that you immediately comply> with the Notification, failing which we shall be obliged to advise our> clients' attorneys to take against your company (and your company> officers) without further notice. Wow, we have something in common! See, I also have obligations of myown. For example, I'm obliged to provide entertainment to our users.> We would also warn you that, if such steps do prove to be necessary,> our clients' attorneys would also (a) notify the Swedish tax> authorities of your commercial activities, You mean our non-commercial, loss-generating activities? > ( notify the Swedish government of your illegal activities, (c)> notify the Swedish record industry association of your pirate> activities and (d) notify the IFPI of your piracy activities.Do you seriously believe that these parties aren't already aware of thesite? You may want to read Swedish media...> We shall look forward to hearing from you.We look forward to receiving more of your so exquisitely designed HTMLe-mails with the shiny wanna-be-police-star.> Whilst writing, we would further caution you against communicating> or otherwise posting any remarks that could be construed as being> defamatory of our clients (or Web Sheriff) or that could otherwise be> injurious to our clients' (or our) genuine business interests.> Similarly, we would inform you that the copyright in the Notification> and, indeed, this e-mail is vested in Web Sheriff and that, in the> event that you attempt to publish either the Notification or this> e-mail on your web-site (or elsewhere), appropriate action shall be> taken for infringement of our copyright (we trust, in this regard,> that you will concur that Sweden does recognise copyright). We trust, in this regard, that you will concur that publishing youre-mail is not in violation of Swedish copyright law. When our lawyer'shangover has passed, he will be more than happy to explain the juicydetails to you.> Naturally and notwithstanding the foregoing, all accumulated rights> of our clients - including, but not limited to, the right to institute> proceedings against your company in the United States - remain> strictly reserved. You also have the right to institute sodomizing of yourself. Preferablywith barbed wire, but retractable batons might also work if you pushthem far enough.> Yours sincerely,> > WEB SHERIFFI wanna be a cool WEB SHERIFF when I grow up. Do I get a shiny star anda six-shooter?
Second Email & response
Subject: Re: WHITE STRIPES / Pirate Bay - Torrents # 2From: anakataTo: Jgela1@aol.comDate: Thu, 26 May 2005 20:36:08 +0200On Thu, 2005-05-26 at 10:53 -0400, Jgela1@aol.com wrote:> > > Web Sheriff> > Protecting Your Rights on the Internet> > Tel 44-(0)208-323 8013 / Fax 44-(0)208-323 8080> > websheriff@websheriff.com www.websheriff.com> > > > > > > > Dear Frederik,> > Hello.Hi! Please, learn to quote properly in your e-mail messages. You canlearn from how I do - I promise you that proper quoting is not patented.> - We know all about your immature responses to rights owners.What did you expect? I mean, I still wet my pants damnit, but only whenI'm scared by big mighty policemen like you.Now you need to pay for another cleaning .> - Fascinating.Not as fascinating as the fact that you don't seem to get the hint, orthe fact that someone might actually be paying you to send poor attemptsat scaring people...> We would suggest that you nominate attorneys in the US who can accept> the service of proceedings on your behalf. If you do not do this, then> an application can be made to the Federal Court to serve proceedings> out of the jurisdiction (ie. in Sweden). This would simply mean that> our clients would seek to recover more costs from you for the> additional application. Once proceedings are served overseas, a> default judgement can easily be obtained unless you elect to defend in> the US. I hereby nominate Mr. Lionel Hutz at I-CAN'T-BELIEVE-IT'S-A-LAW-FIRM.He's a fictional character, but that should be enough to receive yourfictional servings in your non-existent case.> Not when the ultimate content (ie. of the combined torrents) What the [my mom told me not to swear, so I deleted this word] is acombined torrent?> belongs to third parties ... ... these are their rights to exploit,> not yours (as you shall no doubt discover). Now that's what I call a miserable attempt at a cliff-hanger. Let meguess, you failed your literature classes? Just like you failed lawschool and the police academy, and became MR WEB SHERIFF. John, is thatyou?> - That would be a matter for the appropriate authorities to decide> upon once a formal referral has been."once a formal referral has been" ? Me fail english, that's unpossible!> - Our clients would ensure that the matter is progressed in tandem> with the IFPI > Tandem, is that kind of like spooning? Mommy doesn't allow me to watchporn, especially not gay porn starring people in fake police uniforms.> until such time as these activities are ceased permanently ... At the current rate, I would approximate that you will succeed slightlyafter the heat death of the universe, or the Armageddon, whichever comesfirst.> .. this is only a matter of time ... ... Another miserable cliff-hanger. > then you would be held to account to all of the parties whose rights> you have infringed. > - Regrettably, you may well be in receipt of further communications> from us.Yes. You are consuming valuable disk space, CPU time, and bandwidth.Should I put it on the same invoice as the pants cleaning?> > We trust, in this regard, that you will concur that publishing your> e-mail is not in violation of Swedish copyright law. When our lawyer's> hangover has passed, he will be more than happy to explain the juicy> details to you. - You are wrong ; unauthorised publication is a> copyright violation, which is actionable in virtually every> jurisdiction in the world (including Sweden).> I managed to wake him up (at least he wasn't passed out in an alley thistime), and after he finished laughing, he wrote a nice response for you.Since you have proven to be such adepts at Swedish law I feel a bit badabout telling you this. In Sweden not everything is protected under thecopyright laws. A text, for example, has to reach a certain level of"artistic" and/or individuality value. Itÿs arguable that a, more orless standardized, e-mail notification of infringement of copyright doesnot measure up to this required standard. In any case one can onlyreclaim actual damages in Sweden. And proving that the ´unauthorizedpublication of your copyrighted material¡ (as in your e-mail) has causedyou any actual damage or loss of profit, related to the infringement andnot the plain stupidity of your own wording, seems to us to be an almostimpossible task. Knowing Swedish law and the Swedish justice system Iwould guess from none to zero. And for your information Sweden is acivil law country and we do not use the idiotic jury system that isfavoured in the common law countries. (you might want to get atranslated copy of the Swedish copyright law ´Lag (1960:729) omupphovsrätt till litterära och konstnärliga verk¡. We are sure that sucha respectable company as the ´web sheriff¡ must employ a vast staff oftranslators. Good luck!> > Naturally and notwithstanding the foregoing, all accumulated> rights> > of our clients - including, but not limited to, the right to> institute> > proceedings against your company in the United States - remain> > strictly reserved. > - We have read all of these (supposedly funny) insults that you> publish before ... ... you might not be laughing when proceedings are> issued against you in the United States (amongst other things). As you might know American law is NOT applicable in Sweden. Even thoughUSA seems to think, from time to time, that there is only one law, justas there is only on god. In your own law your courts claim onlyjurisdiction (under the ´long arm statutes¡) over non-state residenceonly in certain cases. Namely when the ´defendant¡ has minimum contactsin the state where the suit was initiated. In the case Asahi Metalindustries Co., Ltd v. Superior court of CA the U.S. Supreme court ruledthat such ´contacts¡ did not exist since the defendant had no offices,no agents, no employees or property and so on. Much like our case. Theonly thing connecting us with the US is the fact that our torrents areaccessible worldwide. Not being an expert on American law (we havesomething in common. Isnÿt it fun how people from all over the world areconnected through our own ignorance?) we still are of the opinion thatthere is no, excuse the language, chance in HELL that you will be ableto initiate a suit in an US court against our us and have us summoned tothe US.That means that such a suit will have to be initiated in Sweden, underSwedish law. As to this date Swedish law does not forbid the activitiesrelating to having bitorrent-tracker. Nor does any Swedish precedentexist that forbids it. We are confident in our assessment that ouractivities are perfectly legal and they will continue until such a timethat the Swedish lawmaker changes the law. It might be hard for you to get what Iÿm about to say through your thickJohn Wayne foreheads, so bear with me. The tracker provides the useronly with .torrent files which contain no copyrighted data. The actualcopyrighted material is to be found on the individual machines of ourusers, not on our servers. > - Yes, when you grow up.> My mother says I'm a big boy now .> > >
Pirating games does nothing to further the so-called 'cause'. Nothing. Restrictive DRM is a response to the rampent Piracy in the PC Industry - which begs the question, what were the original Pirates 'protesting'? Piracy is hurting the PC format on many levels, as it's giving certain Publishers *cough*EA GAMES*cough* excuses to introduce harmful and downright draconian measures to control how their users actually use their software. So, in fact, pirates are not noble, not a rebel fighting for some worth while cause, or actually protesting anything - in comparison, this would be like a man on a hunger strike robbing a Super Market and eating their food for free. They're just attempting to justify their actions by whatever means necessary and being as this is the internet, all the other people just like them will come to their defense because they dabble in exactly the same practice. The situation with The Pirate Bay just shows how wide spread and deep seeded the arogance of pirates currently is, when in fact it's pirates that are slowly draining life away from the PC format, and not just through financial means as I've already mentioned.
I'm currently boycotting products created by EA Games myself, in an effort to vote through my wallet. The last EA Games product I purchased was SPORE: Galactic Adventures, which - as I posted about - is actually pretty good and because it was SPORE that was really the straw on the Camel's back for me, and I won't budge from my position till it has fullfilled the promise of the early builds that Will Wright showed off. Before that it was the original Need for Speed Underground, and the way EA Games destroyed that entire franchise year after year after year.Amazing games like Mass Effect and Crysis have fallen by the way side for me, because of the logo on the box. I managed to play through Crysis on a friends computer, who had paid for it, and believe it's an incredible game. I still refuse to buy it or pirate it, because I refuse to contribute to the problem on either side.
Grasping at straws, aren't we? Google is the worlds best provider of pirated media? Hardly. The Pirate Bay actually houses the links for torrents expressly designed to pirate digital media. Google finds whatever words you type in the box. If there were no pirated media on the internet, Google wouldn't return anything related to it and the Pirate Bay wouldn't exist... at least not with the name "The Pirate Bay". I'm guessing you want the news shut down because it too provides information on the illegal activities of international criminals?
I'm guessing you don't work in the legal industry and in any related industry. Theft, and the idea of ownership, was born out of morality. Saying Morality has little to do with the law voids your entire argument. A moraless legal system would have no sense of victim impact; and considering victim impact statements directly influence sentencing during criminal trials, I think we can assume morality plays into the law just little bit.
I don't care about international laws, I really don't. I don't care whose law they are under. Swedish, American, Australian. Taking something that you have no right to take being wrong is one of the founding priciples of the civilised world, regardless of their geographical location of birth.
Ah, yes, the old "the industry is getting it's just deserts" uneducated bullshit. Tell me, why are all the good, hyped games being pirated so heavily, such as Demigod, and the unpopular games not being pirated to the same degree? If your argument were true wouldn't it, in fact, be the other way around?What were the original people who founded the pirate scene - you know, the people who actually know how to remove copy protection from games rather than google the name of the game plus the word "crack" - attempting to do? Why were games like Doom, which shipped with no copy protection of any kind besides the discs themselves, were and are heavily pirated besides being industry changing landmark games that in no hindered the user from using it in any way they so chose? Copy protection is a result of piracy, not the other way around. I'm guessing you weren't around when websites were text based and pirating games actually involved mailing discs to people you knew and trusted because internet speeds were too slow to realistically transfer games to one PC to another compared to the time required for the physical package to get to the same location.
Nah, our government says that it has to build an internet Stop-Sign to protect kids from pedophiles because they have no legal means to take down toddler-porn in the countries that host them. And since the top kiddie-porn producer and consumer country in the world is the USA it therefore MUST mean that the USA protects pedophiles against foreigners. It must be true because OUR GOVERNMENT SAYS SO!
Some people claim that the USA does in fact not protect pedophile websites or otherwise allow sex with minors (to the dismay of NAMBLA), but facts and reason don't mean much in politics when hysteria is so much better to get support ... same in the USA as in Germany (albeit at an infinetly smaller level).
Anyway, raping children for money is another discipline where the US of A is on top of the world.
What the hell is wrong with you people?
I agree to some extend, that's why I posted in (I think) another thread that the admins of TPB should've joined and participated in the policital party. However I do feel that protesting on a solely political platform is useless against the massive lobby of 'the big fish'.
The current standing is we've got the companies waaaaay on the left and the consumers waaay on the right. The solution is somewhere in the middle, and both parties refuse to give in even a little. Maybe the consumers (pirates) are wrong, but so are the companies, and unless both parties change there won't be a solution in sight in the near future. And please don't give me the crap that "if consumers stop pirating we'll get games cheaper and without DRM" because we both know that is bullshit.
Actually it's not a straw. Technically speaking Google is just as wrong as any torrent site. The only difference is that 1) Google's sole purpose isn't to facilitate pirating, and 2) they remove links to illegal content when asked. Both are pretty paramount to not being considered illegal, and therefor Google will probably not get sued, though by law maybe still possible.
You can spin my words just any way you like to suit your need, but in the end even if something is morally wrong I can't get sued if by law it isn't, and v.v. even if something is morally right I can still get sued if by law it's wrong. Sure, morality is taken into account when laws are made, and they may have influence on punishment, but that was not what my quote was about.
Good, you shouldn't. You should care about the law in your own country, as should they.
You are right and wrong in the same sentence. You have no right to take something that you have no right to take (duh) but the fact that you don't have that right is dictated by the law (in your own country). Not because everyone in this world should obey that law regardless of geological location. If in hoochymoochyland it is legal - by law - to take your neighbours possessions then you can and have the right to, regardless of whatever some guy in the USA, EU, or whereever in this world thinks of it. How would you feel if some Indian guy says you can't eat beef anymore because where he lives that's illegal and he doesn't care where you were born. You'd say to him "fuck off, I live in a free country" so why would that be any different in this case?
To come back to your quote, you should care whose law they are under. That is one of the founding principles of the civilised world, not enforcing on others what is a law for you, but not for them.
The problem is that Sweden, the US, and Australia all define 'taking something' differently.
Japan is actually a country but... the stupid law is actually something left over from WWII. I have no idea how it found it's way into the surrender agreement but it did. yea, I agree with you it messes up a lot of graphics.
geez, I wonder why and I wish it was that way here but it's not.
now, now, we're stepping off the rational deep end with that one. my friend's dog is named "dillwad" ergo all dogs are named "dillwad", c'mon on. all americans are not alike or hold the same values, the remark is prejudicial and without merit or fact.
You're basically saying "I'm a vegetarian, I never buy meat. But I eat meat bought by my friends, because they already paid for it"
You're not boycotting EA, you're just not buying the games.
Boycott (as stated by the merriam-webster online dictionary=:
"to engage in a concerted refusal to have dealings with (as a person, store, or organization) usually to express disapproval or to force acceptance of certain conditions"
That would include not using the products, not just refusing to buy them.
Heh, "but by playing at my friend's house, I get to enjoy it without giving EA my money!"
Replace "at my friend's house" with "with my warez version" and it sounds just like the pirate's excuse. So, if the pirates' claims that they are sending a message to the big companies is BS, then how is your claim of sending a message to the big companies any different?
it's part of 'saving face' - they do not wish to offend others
There are significant differences between those situations and piracy. The guy from hoochymoochyland can't take the possessions of an American without coming to America (or the American going to him). Either way, there is one physical location where the taking occurs, and the rules at that particular location would apply. Same with the beef eating.
But with the internet, there really is no defined place where the action takes place. Does it occur at the servers, where the matching occurs, or at the users' computers, where the actual uploads and downloads take place? Under US law, the people at all three locations can be sued, and the people running the servers could possibly see jail time under DCMA.
Really, the most just solution to the problem would be the US government giving away any and all patents held by Swedish companies, publishing all books penned by Swedish authors, giving away any software made by Swedish companies, etc until they change their laws. That is essentially the current position of the Swedish government regarding our intellectual property, why should we feel obligated to respect their IP?
It's an economic conflict, and we have intentionally tied our own hands behind our backs in the hopes that our opponent will do likewise out of a sense of fair play. It's a good thing we handle real conflicts in a somewhat more competent manner. At least in a real war we let people fire back.
No, my argument is that overbudgeted, shiny-wrapping-but-no-substance games feel the impact of piracy a lot more than games which were produced on a modest budget and which equal the so-called AAA titles in quality simply because what they lack in graphics they make up in gameplay. This is because an AAA title has a lot of investment to pay off. Every copy which is illegally distributed is felt by sweaty-palmed managers and their Schwartz powers. While on the other hand, game developers which manage to pay off their budgets in the first week of release even when sales are going a bit slow do not worry so much about the fictional "income drain" piracy is blamed for, simply because once you pay off your budget, the rest is pure profit. In other words, AAA titles actually earn fewer bucks than less known titles per copy sold.
And the reason why all "good" (I tend to make a difference between a good game and a hyped game) games are so readily available for illegal obtainement, is because they're hyped - and pirate groups just love to cater to the crowds. The bigger the name, the better. Nevermind that nine times out of ten its a piece of crap of a game with no substance and multimillion dollar visuals and voiceovers. Crowds like cheap (as in unworthy, not actually cheap) entertainment.
That depends. Some were trying to see if they can do it. Other were doing it so they can show everyone they can do it better than the other guys. Some just wanted to be cool hackers. There were probably those who wanted to "stick it to the man". And some were just bored. There are probably a million more reasons.
Because they were popular and not everyone is willing to fork over cash for a game they can get for free. And here's the catch - those people won't buy your games if you magically cut off their local pirate's head. They simply won't play games. So even if you somehow managed to shut down content sharing over the internet, a task which is pretty much impossible, your profits would only marginally rise. Is that worth the other consequences, such as the disruption of the free flow of data, is another question.
No, its a result of a poorly thought out attempt to control the data flow in a society. It doesn't work, never will. People will literally share games physically, and unless you can rig every computer to arrest someone if it detects that someone other than the buyer is playing a game, you have no way of preventing that.
Data does not register to the human mind as "property". We usualy have no problems with the idea of copying a book, but most of us do have a problem with the idea of stealing that book from a shelf in a bookstore.
Instead it falls into the same domain as knowledge, information, and other such abstract, non-physical things. Most people who pirate games do not consider themselves thieves, no matter how much you scream at them. This is a part of the human psyche, and instead of trying to supress it, game developers and publishers need to learn how to work with that.
I was around when Internet was not the option at all and very few people had computers, which were not called PCs back then. And yeah, some of my first games were copies I got from a friend... not that there was a single game store in my country back then, so the only way to get games was "from a friend who got it from a friend..."
I suggest that instead of indignantly frothing at the mouth at what I consider perfectly normal human behaviour when it comes to abstract property, game developers and publishers need to adapt to the circumstances - instead of trying to force the circumstances to adapt to their needs.
1. Lower the budgets. We don't need shiny, vacant titles. Hollywood caters enough of that crap already.
2. Lower the prices. Yes, you can do that if you are not:
a) a greedy basturd
heavily laden with debt with impatient investors on the side
3. Have quality customer support. Customers which are treated right tend to generate more customers.
4. Have quality community relations. People for some reason find it harder to steal from the company they know and love, than from a faceless behemoth.
And last but not least... forget about pirates. They will always be there to sample your stuff. You can't stop them. They're not actually stealing from you - deny them their free booty and they will look for it elsewhere, not actually start buying your games. And you'll miss out on a lot of word-of-mouth advertising which often lands on honest ears as well as pirate ones.
@Willythemailboy:
Not really the same, BUT I support the notion! Piracy is a conflict of private interests, not state interests. If a government took part in the way you suggest, it would open a pandora's box which would probably prove to be actually beneficial for the whole of mankind, because then other goverments could steal each others secrets, protected technology and other such unjustly withled things and distribute them freely around, which would be sort of nice.
There would likely be a war or two along the way though, so that's a minus.
Huh? Japs do not wish to offend others? By blurring genitals in porn?
What offense could porn commit by showing adults something they see on the toilet anyway?
Or do they want to keep their people in the dark? SexEd lessons: Put the blurry thing into this big pixelated area.
Not true, at least in this case. Sweden (or where ever they moved the servers to) is intentionally harboring TPB, with the intent to undermine US (and other) copyright law. Private US companies cannot retaliate in kind without violating US law, so the government would need to be involved from day one. It is literally state-sponsored piracy, and the last time we had to deal with it in a systemic way it gave us the US Marine Corps anthem (although that was maritime piracy, not digital).
I think he meant they were trying to avoid offending *us*, because at the time the US had some decency laws that would have required that sort of thing. The Japanese didn't care, but included it to make us happy. Our laws changed, but theirs are stuck 60+ years in the past due to the surender and constitution we forced on them.
Well, for starters, I'm sure they try not to use racial epithets...
Sorry, but you're wrong. I could say, following that same logic, that US is intentionally harbouring pedophiles and neo-nacis, but the truth is simply that US is acting in accordance with its own law.
Same with Sweden. Their laws are different than yours, and I would dare say, far more advanced when it comes to civil justice and customer rights protection. Sweden is not "intending to undermine US copyright law", no more than US is "intending to create a naci-pedophile state" by following through with their respective laws.
Now, if you want to see an example of what it looks like when a country is trying to undermine something, google stuff around US non-extradiction deals and International Criminal Court.
While there is a difference between tolerating and actively encouraging, you *might* have a point about the neo nazis. Pedophelia sites are illegal, and an inability to adequately track and prosecute in no way translates to active encouragement. Hopefully the recent trial of the PB founders indicate that Sweden is at least willing to enforce their own laws, which they previously had not been doing.
And I fully agree that the US is actively undermining the ICC, as any rational country should. You'll note that the ICC charter lacks quite a few protections that US citizens (as well as most other countires' citizens) are entitled to, such as:
Trial by jury - probably not logistically possible, and it's the least problematic of these;
It forces the participation of non-member countries - your country does not need to be a party to the treaty that formed the ICC to be subject to it;
Presumption of innocence - nope, they don't really have to prove squat, if you're on trial you're guilty until proven otherwise;
Right to council - it's allowed, but not guarranteed as a right;
No rules of admissability - no control on what can be used as evidence;
No rules against self-incrimination - the court can force you and your family to testify against you;
Lacks impartial judges - the country accusing you is specifically allowed to appoint a judge to sit on your panel, even if there isn't already one there. In addition, the judges are appointed through political means and only serve 5 years, after which they must be reappointed, so they are subject to political pressure;
No form of appeal - if you're convicted, you're done;
No protection against double jeopardy - if you're acquitted, you may NOT be done;
and biggest of all:
It conflicts with the UN charter, in which all members are given the unlimited right to self-defense. Bush would have been tried for both Iraq and Afganistan, regardless of whether he broke US law or the UN charter. Even if we had tried him ourselves (as some wanted, with poor but at least arguable reason), an acquittal wouldn't have mattered, he would still have been tried before the ICC.
Not only that, Obama could be tried for continuing actions in both Afganistan and Iraq. It doesn't matter if you kill a dozen terrorists that are shooting mortars at you, if you kill civilians while returning fire it's a war crime. Likewise our continued use of land mines in Korea would be considered a continuing crime against humanity.
You'll note that Israel is another significant country that has not ratified the treaty, although their objections are different. Specifically, the way judges are appointed precludes an Israeli from sitting unless Israel is accused or the accusor; the aforementioned conflict with the UN charter, specifically as concerning terrorists and antiterrorism efforts*, and the article specifically addressing transfer of civilian population into occupied territories, which is allowed by all other established international law and UN charter, but written in by Arab countries to specifically make Israel guilty of war crimes the day they ratify the treaty.
*Specifically, terrorism is NOT considered a war crime, but responding to it IS. In the conflict between Palestinans and Israel a few years ago, launching rockets at Israeli towns is perfectly acceptable, but shelling the launch sites is a war crime.
I agree and pretty much said the same thing here at #21. Thing is, it's not just games that are over-budgeted/over-priced. Many software items are over-budgeted/over-priced... and not purely due to development/research costs, etc. Executive greed and lavish lifestlyes comprise a very large component of what is paid by consumers at the checkout. So yeah, the small software, gaming companies with a handful of employees are pirated less because they can sell quality games/sofware at more affordable prices because they don't have these massive overheads.
I've never been to Pirate Bay and have never downloaded pirated software... if I can't afford it legally I simply do without. However, I can understand why some do it. While some do it to protest company policies/practices, etc... others do it because exorbitant pricing to fund the lavish lifestyles of grossly overpaid execs is prohibitive... and why own a PC if you have nothing on it,
I refuse point blank to pay more than AUD $9.99 for a game, but I won't download a pirated version of *say* Demigod because it simply isn't that attractive to me, regardless of how much hype it receives.... and that's where much of the pirating begins, with the hype. The more a company hypes up its products the greater chance they will be pirated... the "must have" drives up demand, and somebody's going to fill the void when exorbitant pricing makes "must have" unaffordable to the majority.
In essence, then, many high profile game/software companies have brought the pirating of their products upon themselves, though excessive profiteering to fund excesses... then they expect government to legislate to protect their profits. To me it's all ass-backwards. Like whatever happened to the economic teaching that it's easier to get a dollar from a million people than it is the get a million dollars from one person.
It beats me why company execs think getting that Lamborghini in the driveway is going to be easier by selling a handful of games for $70 - $80 and upwards, when they could sell millions of units for $9.99 and have a Lamborghini AND a Porsche in the driveway.
Put bluntly, some effwits in business shouldn't be in business. They are their own worst enemies (not the pirates) and worst enemies to the (would-be) consumer... enter the pirates to fill the void created by greed.
A couple of changes to the internet protocals would stop it quick,
And not too long after somebody would come up with a workaround to circumvent those changes... and will continue to do so until there's a major rethink regarding company policy, pricing, distribution. It's one thing to own the rights to intellecual property, but when those rights are not managed responsibly in a marketplace situation, the greedy company is asking for widespread scorn and inviting piracy.
Like I said before, it's all ass-backwards. When profit (from excessive profiteering) takes precedence over customer service and fair pricing, etc, sales are going to be low and piracy high. What the 'actual' game/software developers need to do is offload all the overpaid, non-productive, freeloading execs so they can drive prices downward rather than upward... to get that dollar from a million people by providing more affordable products to the masses.
I do not advocate piracy, but when companies cater only to an elite market, those they think will part with their hard earned cash hand over fist, while excluding the majority though high pricing, I do see where piracy fits into the equation. Is it right? No! But piracy has prompted some game/sofware distributors to offer some good specials and lower priced products, which ultimately is a good thing, though there's still a long way to go before we see true value for money reflected in affordable pricing across the board.
On another note: I read earlier where somebody said the Pirate Bay owner/operator was being childish towards the corporate lawyer... well, sometimes, the only way to deal with a bully (generally speaking) is to be flippant and show contempt for their threats, otherwise they think you're scared and will screw you through every orifice... except the one you're shitting yourself through.
Wrong.
The first requirement for that to be true is a formal declaration of war to be made.
If the 'conflict' is not declared then it is not a war....and thus 'war crime' does not apply.
September, 1939 ...England formally declared war against Germany [interestingly it was the same declared hour of the day for Australia...so we entered the war 10 hours before the English [in a calendar sense] and the Kiwis were two hours before us.
The fuck-up that was Pearl Harbour was all about the strike beating the formal notification....very non-cricket of the Japanese....
It's actually quite CIVILIZED, this war-mongering...
Typically, Piracy is all about a bunch of recently pubescent children who have never done a decent days work for a decent income...and resent anyone else who has...hence the phrase "sticking it to the man".
Why must the world have to endure the facile tantrums of children who resent their parents cos they get fuck-all pocket money and are yet to learn that what REALLY is theirs is actually valuable and deserves/warrants protection?
It's not a me generation...
It's not a gimme generation...
It's a me-take it generation and fuck youse all.
Wait, are you Australian Jafo?If so, why do you spell CIVILIZED with a Z?
That turns out not to be the case. 30 seconds with google turns up several articles such as this, indicating that the British, being foolish enough to have ratified the ICC treaty, are having their soldiers charged and tried by the ICC for war crimes in Iraq. They didn't delcare war either.
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