... 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 .> > >
Please don't let this become a flame thread, I for one actually think we got a decent discussion going here, atleast people are giving arguments for their opinions, this little fact alone means it's better than <99% of internet discussions.
I've seen the "if they don't get money, why should they keep doing it?" sentense a couple of times, and would like tohook in there. For me there's a big difference between the game studios and the (greedy) publishers behind them. In my opinion game studios should keep doing what they are doing and get their creativity out there! Some publishers however should stop what they are doing, and change their business models. Art (I consider games to be art, like music, movies, etc) should never be about money, but it also shouldn't be free. We can have both! Unfortunately we seem to go further and further from the (ideal) middle way, as both parties (consumers and producers) harden their methods and ideals. It feels to me as if we are having this 'fight' in the world with only the fight in our minds, and not the solution we all should work towards. Meh I feel like I'm repeating myself. Good thing is that publishers like SD are heading the right way (together with Impulse). I've already bought 3 games in the past 4 months, which is a lot for me, just because Impulse has great deals. If they can convince other publishers to not screw EU customers then they'd probably sell twice more.
Sorry if i dont bring anything to this topic, I dont want to be a flamer I just think that developers have to work thier ways around things (like you said)I mean the pirates is not going to change, so you change. If you are a a game developer and pirates are destroying for you, make a MMO or what ever (damn i hate mounthly fees ).BTW this summer the theathers in Sweden announsed "Economic crisis? Not in the theaters!".In Sweden we were watching a lot of movies eventough most people are pirates here in some way (in my opinion).I went to the theaters alot this summer
I would disagree. There is a marked difference between a publishing corporation like EA and a development studio like Ironclad. In fact, the only reason why I am against piracy in principle is because of the developers. Having seen on more than one occasion how publishers can totally destroy someone's idea, ruin their vision and box in their creative drive in the name of profit, if those publishers employed robots making games, I'd stick a feather in my cap, pull on green tights and call myself Digital Robin Hood right away.
But the fact is that piracy has become a default scapegoat for everything that goes wrong with a coroporation's profits. Its always pirates, how come as someone has already said, that its never the fault of the people calling the shots when it comes to what is published and in what form?
I lauded Stardock's approach to these matters on more than one occasion. I purchased both the SoaSE and Entrenchment online, had zero issues, the prices were not manipulated unfairly according to the region I live in, activation was quick and easy. Since then I had to reinstall the game several times, once on a completely different machine and had zero problems. And best of all, the developers communicate with their customers, even work with the modding community, which is a nice touch considering that modders do bring in extra sales (especially when Star Wars is involved) but are for some reason often ignored and left to fend for themselves.
No invasive software was installed on my computer, nothing tried to interfere with my CD emulators. I don't have to check in with my online "parole server" when I want to run the game.
All that makes a difference between Stardock, Ironclad and big, DRM-crazy corporations like EA. And I certainly don't think they need defending - given their track record, I'd day they ruined more developers than pirates ever did. Not in the direct, bankrupted-into-dust way, but a more insidious one, by ripping the creative but risky soul out of their ideas. Need I mention what EA did to Spore? 'Nuff said.
In some cases this may be true, but this kind of thinking can be dangerous. You don't want to throw the baby out with bathwater. While a publisher may be able to ride out a heavily pirated game, a small studio may not.
Once again, pirates are not a factor. If denied their free games, they will NOT buy those same games, and certainly will not buy them in quantities they're used to getting. Nothing stops someone from downloading ten games a week if they want, if they have flat-rate internet it doesn't cost them anything extra. I doubt there are many people out there who can afford buying so many games.
So let's say someone invents a perfect DR protection, and elliminates piracy forever. I would be willing to bet eating my straw hat (the one which I like) that games wouldn't suddenly see a significant influx of sales. Good games would sell well, like they do now. Bad games would sell poorly, like they do now.
Take a look at some of those Asian countries where piracy is so rampant you can buy extremely cheap copies on a newsstand in open daylight. Can we really believe that if someone somehow elliminated all that illegal distribution people would suddenly flock to the legit stores? Personally, I doubt it.
Piracy can only be fought by changing the way people think. You can NOT do that by threatening them with lawsuits, jail or by treating everyone as a potential thief. It hasn't worked throughout the whole of human history, and it certainly isn't going to start working now.
He's a troll, don't take him seriously
Products sold and made available by businesses to consumers and NOT **indirectly** to thieves.
Maybe later -- until then, Piracy (of anything) is a direct cause of unemployment in plenty of industrial sectors; from manufacturing to distributing.
What people can't afford, they simply shouldn't think (to reuse your term) about stealing or much more explicitely... get a salary, work, earn the right to purchase what they decide to. But, THEY can't do that if they don't have a job. Economics 101. Social structure 101. Honesty 101. Moral values 101.
For every or any number of unsold items in stores (be it virtual or down the streets), somebody is losing a job.
Now, think.
rofl... iFailed. My bad
Or at what price and in which countries! As some people have already complained, some game titles are not available via digital distribution in the EU (Australia also) because publishers do not want competion for their 'physical media' sales/distribution. Now it seems to me that competition is good for the consumer - better variety and pricing, etc - so why do publishers/corporations not want this? They don't want their 'manufactured' prices on physical media to be driven down... unless somebody else can provide a more feasible and valid explanation?
Another complaint is that a game can sell in the US for *say* USD $29.99, yet in Australia, for example, that same game costs AUD $49.95. Yes, the US dollar is valued higher, but this price difference does not reflect the exchange rate... and even when the Oz dollar improves against the greenback (85c or more in the dollar), that game remains the same price. In many cases it's not like shipping is even a factor, not when Asian manufacturers are producing the games media, thus shipping is required to both Australia and the US... and it's certainly not in the case of digital distribution (eg; Steam/Impulse). So yes, it would seem some (if not all) publishers/distributors are 'gouging' in some markets, most notably in the EU, the UK and Australia, though I am sure there are others.
These things contribute to piracy, especially when people see a corporations 'gouging' and trying to extract the maximum they think a market can bear. People think: "WTF? Why should I pay twice as much as my US counterpart on an identical item?". Then a 'Good Samaritan' pirate comes along and saya: "Here you go, a little something to help your hard earned go that little bit further."
Thing is, while pirates and knock-off merchants think they're helping the poor and downtodden, they're actuually exacerbating the problem and honest consumers pay the price. Whether corporations are losing money to piracy or not, they have to be seen by shareholders, etc, as being proactive to protect profits, and thus, we have DRM and prices remain high/go up to cover (in many cases, supposed) losses.
No, piracy is not the answer! Corporations won't go broke, they'll just come up with better protection methods and hike up prices to protect/maintain their income steams. What needs to happen is bringing the top 1% - 5%, the upper echelon back to Earth: by reducing their grossly obscene salaries to something more realistic; by stopping the obscene bonuses and billions paid in golden parachutes; by taking away the lurks and perks allowing overseas junkets with 'free rides' for family members; lavish dinners at $1000 a head... and in some cases (the German auto exec), prostitutes at $5000 a night. These excesses are what add greatly to what we pay at the checkout.... stop these excesses and the corporations have no excuse to maintain high prices.
Oh, and before anyone says that corporations can't get execs with the necesassary qualifications unless they pay obscene salaries, that's bullshit. There'd be plenty of credentialed and qualified people who'd jump at the chance to do the job for a 'fair' salary. Installing fresh talent on 'reasonable' salaries would mean corporations could cut the overpaid 'deadwood' adrift, start afresh and get back to sensible business practices... and I say "deadwood" because too many high profile execs stuff up (cause huge financial losses), receive a golden parachute payout for their trouble and move on to do the same elswhere.
I'd say Digital Distribution is the prime cause of that. People look to the net more and more for their digital shopping needs. Its easier, faster and the goods are always available. Changing times... in a few decades, maybe less, distribution of digital content will be handled exclusively through digital means. It will completely wipe out manufacturing and distribution sectors when it comes to that. Pirates are just a side effect.
Given that virtual items, as their name suggests, do not really exist, I'd say that its a wonder anyone's got a job these days. Because I could easily say, "hey how come we didn't sell ten million billion gazillion digital copies of our game", but somehow I don't see an equal number of people losing their jobs over it.
As for physical copies, I'd say that the fault lies with whomever was too optimistic when evaluating a number of possible copies sold.
People lose their jobs because too much money is spent on an inferior product, and there's not enough earnings to cover all the backings from investors. A good cure for that is lowering your budget - doing more with less as it were, and if we modders can do a decent job for free don't tell me development studios can't do it with their kind of manpower and money (and I'm not talking about hollywood grade budgets and hundreds of people). Besides, look at games like Sins of a Solar Empire or Mount & Blade - very good games, small budget, good sales.
You don't need millions of dollars worth of investment in order to make a good game which sells. You do need that if you want to make a lot of fluff and little substance - for example, do you know how much it costs to render, forget about actually producing, the kind of cinematic intros and cutscenes we've been treated with in the latest titles? Sure, they look nice, too bad the game itself doesn't play as nicely as the cinematic characters do. And when it comes down to it, if I want to watch a movie, I buy a movie - I don't buy a game. If I want to play a game, I would be more interested in actual gameplay and content than cinematics or Partick Stewart giving me one-liners about my character's destiny.
Forget about pirates, and get your priorities straight, that would be my message to the publishers. Fix what you can fix, work on what you can improve, instead of spending more money of protection schemes which only succeed in aggravating your paying customers.
Canada has been hit by such "variations" for soooo long, it's mind boggling to evaluate (through simple observation of the *MADE IN* tags, btw) how much financial advantages corporate america gained by over_pricing their exported items at 1.40+ ratios on average for every products shipped across our mutual border.
In fact, commerce can't keep up with currencies racketeering (stock markets DO favor investment capitalizations of foreign origin and as such, can extort multi-national "funds" from populationS.) that push up wrongfully perceived value (by consumers) rather than real cost for both sides (items made, shipped *then* shelved).
No wonder the US is scared shit of dollars at par, they suddenly realize that we too could offer some exclusive products in their stores as much as they did for years of an artificially weakened CDN$.
That's what happens when two trading "pseudo-partners" economic interests collide, once balanced out the industrial factors favor *A* side since people need work to produce. What we are witnessing in North America is a job market in turmoil caused by the US losing its "usual" & "profitable" industrial capacity to international (including Canada, btw) outsourcing.
Sure reads like a manifesto to fairness that even US bankers (bonused lately beyond rational limits) can understand... the financial "systems" stockpiled enough cash outside the working class' hands already.
And by this, i insist, investors & shareholders' means of living (the big cars, the big houses, the big toys, the big meals, the big stash of money -- yep, BIG as in obesity) have let people suffered from starvation worlwide. Check the food bank numbers & estimates for the next ten years only, the statistics are obvious; INC is plunging basic agriculture into, yet again, another derivation in profits.
Capitalism kills. While Pirates want to do the same.
I call bullcrap. With margins THAT bad, capitalism wouldn't work. Period.
Could it be somehow better (as in efficient) or fair to all, though?
Socialism beats capitalism on every level except the "Rich Bastards Sucking The Life Out Of Countless Thousands" one. That level capitalism has got down to an art!
I got nothing against money. I think its a stupid concept which is choking the progress of humanity, but then again I think its also a necessary concept because humanity just isn't ready for anything as radical as communal sharing of effort and property (communism as it is widely known). Hell, even I get squirmy at the thought of not owning anything. Mine, Mine, Mine! That's humans in a nutshell.
I do have something against exploitative mentality pervading large publishing corporations where all that matters is the bottom line. Not the content, not the customers, certainly not the developers. Just profit. Its obscene, even more so when it monetizes something which is practically an art. Pretty much the same stuff as its happening in the movie business, what with all them testing audiences and simmilar nonsense.
And then those same companies have the audacity of crying Wolf! when they've eaten more proverbial "sheep" than any pirate crew in the history of digital media.
No, I don't think that pirates hold the cure for the situation. I don't consider them paragons of the virtual Eden either. I also do not care about the gaming industry - I care about games. Lovingly handcrafted pearls of uniqueness, like they were in the old days when a developer only stood to lose their pizza and beer budget if their idea flopped. Regardless of what the doomsayers spout, piracy will not be the end of games. There will always be gamers and game makers, because we have computers and we want to do something fun with them from time to time.
And if we really looked at who brought more ruin to the lives of developers and the experiences of gamers, I doubt pirates would be the ones to take this unsavory title.
Ah, at last, somebody else calling a spade a spade. It pisses me off is when people defend corporations, saying they have a right to charge like wounded bulls... to manipulate products so as to inconvenience paying customers. It's like saying to the corporate big-wigs: "I don't mind paying extra to fund the obscene excesses of the corporate heirarchy... and I don't mind having to jump through hoops to use the product I legitimately paid for.
Corporations suck this attitude right up and believe they have a mandate to do as they please, so no, the excesses and manipulation will continue. The only way things will change for the better is when consumers unite to say enough is enough... we will no longer tolerate it.... boycotts Thing is, that's not likely to happen, either. Too many would still swallow the "must have" hype and hand over their hard earned regardless... and others, with more money than sense, just wouldn't care. Yup, corporations thrive on human weakness, apathy and stupidity, so it will be more of the same and the socio-economic gap will become so wide it's a chasm consumers can not leap. Maybe then, when consumers are priced/DRM'ed out of the market, no longer have the propensity to pay, maybe then the corporations will listen.
To put DRM another way! You live in a quiet street, but because an irresponsible motorist (who doesn't even live in it) is using it as a drag strip, the local authority blocks off the most popular/convenient entry...meaning you have to drive an extra 20 miles, pay $2.00 at 4 tool boths, cross 6 very dangerous intersections and risk damage to your car on an unsealed section of road just to get home. So, is it right that you and 2000 + other residents in your street are greatly inconvenienced because of the actions of one person? No, didn't think so.
It could be said that blocking off the street could save a life and therefore is more tolerable. The same, however, can not be said of DRM... it serves only to protect/maintain profits that, for the most part, drive corporate excesses, and thus, should not be tolerated. DRM does not deter pirates in the slightset, but rather it pisses off legitimate consumers, of whom, some get pissed off enough to eventually turn to pirated games, music, movies to avoid jumping through the hoops.
Yup, that pretty much covers it... in a nutshell. GREED.
At that price, i want much more than just value. I pay for every last supplemental drop of gazoline, tires & oil changes for it, anyway.
Things is, it's scrapped as soon as we switch it on or dare spending extra bucks to fix or make it work as it should. It has become a luxury to even hook a simply printer and type a darn letter. We watch a bunch of sprites & arcade gimmicks, slap DVDs jpg'ed at lowest resolution, listen to MP3s bundled offmarket, clouded in www privacy attacks, invaded by criminals in our houses & personal lives.
Yep, the high tech dream kept rollin' out the red carpets for silicon valley freaks. While TeeVee went digital, pushing out the BlueRay fashion trends down our throats.
You think, gaming is fun?
Sure... that's the only rational time we have leftover. Underpaid plenty before, locked out of the workplace, unemployed eventually or regularly, sucked dry by renting a dump, utilities (gotta log on through ISP), necessary food supply.
It's sickening. And, boring.
It's even inhuman.
Ironically, Labor Day -- tomorrow.
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