Newzbin has arguably been the "Best" source and index listing of what is posted to BBS Newsgroups around the world. BBS stands for Bulletin Board System and almost every Internet Provider in the entire world provides access to them as part of your Internet package. Whether you're old enough to remember or not, BBS's are the Foundation of the Internet. These are the Original Internet. In many ways this is what the Internet was built on. If you had to compare it to something physical, use this example. You buy some land and build a house. That land is the Earth, your foundation. That land, that Earth, is the BBS system of Newsgroups. It's what the Internet was built on. Think of every website in existence as a "House", sitting on the land. Without getting extremely technical that's the best analogy I can give. It is a flawed analogy, it's not exactly accurate, but it's close enough.
I've been a free member and user of Newzbin for well over the last ten years (No, it's not just for pirates and hackers). in a way you could also compare BBS Newsgroups to MIRC back in the day before ICQ and Yahoo Instant Messenger and Skype. Think of Newzbin as a site that would tell you what everyone was talking about in various channels on MIRC. That's what Newzbin was. You had to either be a paid member of the site or you had to be INVITED by a paid member and were given a basic free membership. It wasn't always "Invite Only", but when they switched to that system everyone had to make new accounts and if you weren't already paid or re-invited you were locked out, sorry about your bad luck. Luckily, as I was a free member, a friend (who was just a random Internet stranger at the time) re-invited me and I was allowed back in.
Some people, namely those who used Newzbin's service, are going to greatly suffer because of this. It was an invaluable tool to help people find needed information quickly and easily. Any information at all from examples such as "Legal Statutes from cases dating back to the Early 19th Century" to "Online Legal Copies of Every Book in the Library of Congress" to "Discussions being held by College Physics Professors" and also "Doctors Sharing Research Up-To-The-Minute". It was as much a listing of communications as these very same forums are. BBS Newsgroups are nothing more then that. People talking back and forth in topics just like this. The exception is back then our ability to post and reply wasn't set up like this, so every post made, whether it be a new topic or a reply to that topic where it's own "Thread". Newzbin helped organize those threads and posts and show you where things were so you could quickly find them.
Sadly how-ever, as with many technological innovations in our day, some people chose to use these for evil purposes. Even though these "Newsgroups" are intended for communication, and to provide a backbone for the rest of the Internet, they are also used to host and share files with limited "retention". Every ISP on the GLOBE must have space on the BBS Newsgroups for their systems to work. I don't know why or how it's set up exactly, I don't work for the cable company so I can't tell you why they even have to be there at all, but they do. More and more ISP's these days Are Limiting or Flat Out DENYING their customers access to these Newsgroups. If your ISP isn't giving you access to them, you're not getting everything you're paying for and you should call them and DEMAND Access as a Paying Customer. Far be it from me to tell you what to do, it's no skin off my shoulder if you enjoy wasting your money, but I know I don't like wasting mine.
When I say some people use Newsgroups and by default the listings on Newzbin for "Evil" I mean piracy of course. Newsgroups go by the more common term Usenet. Still, Newzbin as a website did NOT HOST OR SHARE ANY FILES. All it did was tell people where files were at, in what groups they were listed, and what the file names were. It did this because technically these posts on various Newsgroups were the same as the other topics or "threads" or "conversations", it just so happens some of them are pieces, usually .rar's, of games or movies. The same kinds of things that can be found on any Torrent site.
Newzbin did nothing wrong. People did have LEGITIMATE USES for it, just like they do Fogbugs, or Photobucket, or many other sites. Newzbin was closed because they owe money to people I believe. I didn't know anything about any of this or it's legal trouble before finding THIS ARTICLE when I tried to log-on to Newzbin today.
If you know or heard anything about this or find a site that talks a little more in depth, please let me know as I'd like to find out all I can about it being shut down.
Hopefully some of you out there see this for what it is regardless of what the causes are. Another place being closed because someone thinks they're losing money over piracy and pressured some Government to take action. Newzbin wasn't just a site for pirates or other thieves. It had real value. Eventually, slowing, this is going to turn into a legal and virtual "Witch-hunt" by Governments to shut down more and more sites limiting knowledge and people's freedoms Online.
Indeed I will face the consequences of my actions, regardless of whether I accept them or not.
Many of the founding fathers of the current form of my country are still alive. They did not just question the, back then, current law. They also went against it and many spent years in jail.
They were not Niko-above the law. But they managed to stop the continuation of the previous dictatorship. I applaud them. Something similar will eventually happen to DMCA and current copyright and patent law.
Really? You called Microsoft and asked them? Because where I'm from, that key is all you need. You can even install the Professional version off the Home DVD if you have the license number. I suppose I could call up their EULA and check, but I think this is allowed (and I'm not inclined to worry about it because I don't think Microsoft is worried either - they know that they will be selling you a new version long before the media breaks). They aren't selling you the media, they are clearly selling you the license to a single copy running on a single machine and the associated technical support. Personally I buy OEM licenses because I don't need or want to pay for the technical support.
I'm sorry you don't like copying for the purpose of using what you paid for. I'm also sorry you feel that when the media ages or gets damaged you are entitled to a new sale if the customer didn't have a personally created archival copy on hand - customers should HAVE to have a blu-ray burner and the ability to bypass copy protections if they want to protect their media investment. As I said, feel free to prosecute these absolutely harmless activities and minor violations of civil law. I'm sure the $3000 you manage to gain by barratry in the one off case you can show it happened will outweigh the court costs of pursuing it.
Why? Because you don't like their rules? It's their choice to to market it and distribute it within the guidelines of the law the way they want. Just as it is for someone who wants to distribute their software as Open Source and make no profit what so ever. Just as it's Stardocks right not to use DRM on their software. Patent, copyright, IP, etc laws may need to be clearer and defined better...I can allow that some are just muddled crap...but laws designed to protect one individual from buying or monopolizing patents that create the software aren't the same as those that dictate how many copies of it you can or can not burn or how you distribute the finished product.
If you invent a compound that you can utilize in tires that makes them absolutley puncture proof and leak resistant, and chose to distribute it through one individual auto manufacturer and then one specific car model, and not share that technology but secure a patent for it that would be your right. If you attached an EULA to it that people had to sign off on, binding them to your terms, that would be your right. If it said that should they use the tire on other auto than what you dictated the warranty was void and all bets were off, that would be your right. How could it then be the governments or consumers right to tell you you have to distribute it for all cars, change the EULA, and honor your warranty no matter what? Is it just because it's out there and they think they have the right to determine how you share and distribute your creation or product because they disagree with you and think your being unfair? Does the auto manufacturer you excluded have the right to put their tires on their cars because it's better and get away with it by saying you're monopolizing the technology that you came up with to make them?
There are plenty of products offered to consumers that have no patent. Consumers keep buying them out of brand loyalty and the strength of the product. I would defend the individuals right to distribute their product as they see fit as much as my right not to purchase it. If their practice discourages brand loyalty, that's on them. Just because a person disagrees with the rules of the game doesn't mean it's acceptable to break them. If I come off as accusing anyone in this thread of something or calling names, I apologize. What I am referring to is people who knowingly break the rules/law and want to call it a 'revolution' when in fact pirating exists mainly because people don't want to open their damn wallets to begin with and companies are forced to come up with the laws that others disagree with in order to protect what they have the right to protect. People are not downloading illegal copies of Shrek III that Joe Blow shot with his digital camera right off the movie screen because the DVD that hasn't even been released yet got scratched.
I have multiple copies of WindowsXP that i 'mixed' up. When I went to reinstall it, I could not use the product key from one to install the other. The PC would just shut down until I enetred the correct product key for THAT disk.
Oh, I don't know. Product liability laws? Lemon laws? Vague notions of gaining customer loyalty by not being a Randian Overlord. Another nice straw man you've constructed, since that clearly isn't what anyone is asking for. If I'm running Vista under Emulation on Ubuntu I hardly expect MS technical support to come to my rescue when a driver doesn't work. I'm saying I paid for a license to run Vista and thats what I'm going to do.
Your personal experience with Windows XP doesn't really apply to the in-place upgrade editions of Windows 7 where they packed the full version on the DVD and just want you to purchase a new key over the internet, or for that matter Corporate OEM editions where IT buys one copy, and a pack of stickers to put on the machines.
Some might say if the rules are unjust, its actually a responsibility to do so. This isn't and shouldn't be seen as a moral justification for piracy. I'm arguing for a customer's right to legally use a product they purchased. Nothing more. The EULA could stipulate that they bequeath their soul and first born child to the IP holder, it wouldn't make it enforceable.
http://www.zdnet.com/blog/bott/clean-install-with-windows-7-upgrade-media-get-the-facts/1505
If you qualify for an upgrade license, then yes, you can use any number of workarounds to install the operating system legally
...
The overwhelming majority of PCs are sold with Windows preinstalled by an Original Equipment Manufacturer (OEM). The rules are in the license agreement that you see when you first turn on that PC. You can find any license agreement for Windows (retail or OEM) at the Microsoft Software License Terms page. If you read the retail and OEM license agreements, you will see that there is absolutely no requirement to install the software in a specific way. Here, for example, are the details from the OEM license agreement for Windows Vista Home Basic/Home Premium/Ultimate. I have used bold type to emphasize key terms.
Section 2: “The software license is permanently assigned to the device with which you acquired the software. That device is the ‘licensed device.’ A hardware partition is considered to be a separate device.”
[In Windows 7, the language is slightly clearer: "The software license is permanently assigned to the computer with which the software is distributed. That computer is the 'licensed computer.'"]
Section 13: “To use upgrade software, you must first be licensed for the software that is eligible for the upgrade.” [This identical language appears in Section 14 of the Windows 7 license.]
Section 14: “Proof of License: If you acquired the software on a device, or on a disc or other media, a genuine Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s packaging. If you receive the label separately, it is invalid. You should keep label on the device or the packaging that has the label on it to prove that you are licensed to use the software. If the device comes with more than one genuine Certificate of Authenticity label, you may use each version of the software identified on those labels.” [This text appears in the Windows 7 license in Section 16, with the word "device" replaced by the word "computer."]
That sticker on the PC is the proof of your original full license, the one that qualifies you for the discounted upgrade to a new version. There is NO requirement in the license agreement or elsewhere that the qualifying software be installed first for the upgrade to be valid.
Nothing in there about damaged media rendering the contract void, or using the specific disk that came with your computer. Just that you must have a valid license - specifically a valid label. Which you paid for.
[quote}Oh, I don't know. Product liability laws? Lemon laws? Vague notions of gaining customer loyalty by not being a Randian Overlord.[/quote]
Liability ends when you sign the EULA agreeing not to install the tire on any other car and chose to violate it. Lemon law would not apply. How they generate or discourage customer loyalty is their choice. What peopel are asking for, who don't like the EULA of a product is that someone make them change it so they can do what they want with it. Someone to tell the distributor that they cannot dictate how to distribute their product just because they don't like the way it's done now. And that is fine to want that. Until it happens, violating it is still breaking the law just like driving over 55 is breaking the law until they raise the speed limit. The thing is, no matter how high they raise it, someone is still going to want to go faster just because the car can...and it's there right...and they can handle it..and their taxes pay the lawmakers and enforcers and for the actual roads and they should be allowed to drive any speed they see fit. But maybe he see's it as his responsibility to break the law to prove his point and drive up insurance rates and tie up courts arguing over $200.00 tickets that will cost the court thousands to prosecute... so maybe the court should just ignore it.
Lemon laws prevent you from abandoning your customers, forcing you to support your products (cars). Especially if they are buggy.
And you can tell it to the judge when your product used in a reasonable way kills somebody. I'm sure the EULA will protect you from your stupid customers who expected a tire to behave like a tire regardless of what brand of radio they had. Anyway, done with the straw man. Software licenses aren't a physical product, as we've been repeatedly beaten to death with. They aren't transferable like a physical product, so it makes no sense to tie them to the physical media. You're bending backwards to say that the IP holder can tell a customer to behave however he wants them to and thats true to a point. The point is passed the moment you put an unenforceable rule into the EULA, signed under duress (by accepting any changes you make to it in the future after money has been exchanged for something that CAN'T be returned for a refund) that the courts would see as putting an unreasonable burden on your customers.
The reason I support Stardock with my dollars is because they are eminently REASONABLE. They will allow me to install on my laptop AND my PC. They don't require me to keep a collection of physical media. And I count on them, should Impulse ever fold, to allow me to keep the software I purchased for my own personal use.
I don't see what the unreasonable burden is to the customer if you agree to the EULA.
It is what it is, I suppose. Pirating exists because the majority don't want to pay for the original product to begin with. That's why you can search a a site for software torrents and see 'crack' and 'keygen' after the title over and over and over.
When the software companies get fed up with the fight, they won't change the EULA..they'll chose to 'lease' the software instead and be able to dictate a lot more than the number of copies you can make (e.g. Net-Flix). Assuming all your arguments are valid from any legal standpoint, the majority of thieves are only hiding behind your argument and have no actual valid claim to it. Until you can separate them from ones such as yourself that have an argument, the EULAS will remain. Breaking the law will still be breaking the law. I am not arguing for the prosecution of everyone who breaks it. I even allow the laws may not be clear enough, allowing for loopholes. My problem is with the people who wanna take a leak on my shoes and tell me it's rain. We both know what it really is, so OWN it.
I thought we weren't talking about piracy - I'm talking about the right to use a product I paid for in reasonable ways. I don't know what you are talking about anymore since you're conflating that with piracy which would be unlicensed distribution and use. Several other people here have gotten it, particularly the part about not being able to resell the media yet having to buy new media if yours breaks.
If software companies don't actually want to sell anything, because they feel they can't make a profit without overly restrictive use restrictions, thats their prerogative too. Guess why I'm not buying Quicken anymore. No? Because every three years they disable the most useful functionality of their software unless I re-up. If they want to sell me a subscription, they can't expect me to pay full price when a competitor will offer me the real deal, or I can get freeware with the same basic functionality. You live or die at the behest of your customers. If you treat them like criminals, like you own them, you get what you deserve. You offer them a good product, at a reasonable price, without GOTCHA's like limited installations, no right of resale, terrible customer support (like not replacing damaged media), DRM spyware that destroys their system, they will be happy to support you. The people that won't, weren't customers in the first place -- and they don't care WHAT you put in your EULA.
// I don't have a problem with net-flix. The price they charge for the service provided is VERY reasonable compared to what you get with cable and other rental places. Its not like they sold me a lifetime membership, but then in the fine-print of the EULA it says a lifetime equals 3 years or until we change our minds and rewrite the EULA or you buy a new television.
You're talking about your interpretation of the EULA and what you believe your rights to be regarding that interpretation, which I happen to disagree with and view as the same as stealing or piracy which the law has interpreted the same way on some occasions as well as not. It's my right to interpret it my way as it is yours. Doesn't even fall into question who is right. My issue is with the people that want to hide behind your interpretation with no actual valid claim in order justify why they steal and call it 'sticking it to the man' instead of admitting what they are and what it really is. And the people I have an issue with are the ones who make up the majority. Bottom line, IMHO, if a person chooses to exceed the speed limit because they feel they have the right to drive their vehicle they way they deem safe it's still speeding and they should just call it that and OWN it. If they don't like the law, they should change it. The difficulty with changing the laws surrounding the EULA is that the majority that want it changed are to wrapped up in stealing and sharing the stuff just because they can or out of greed, they leave the rest who feel there is an honest valid argument standing around with no other option than to break the law when they see fit. If it wasn't against the law, a person could start a web site and list what they are willing to 'share' with those that have damaged media and everyone would be transparent about it.
Any one could make an argument against any law. Maybe not all would be 'good' arguments. The question comes up as to who has the right to interpret the law and willfully disregard it at their leisure because they deem it unfair and who doesn't? I guess it's easier than trying to change the law and a person gets that instant gratification by just taking what they want, laws be damned.
Yes, any minor infringement on the author's legal right to control the distribution of his work, even after his demise as a corporate entity, in order to recover what you, the customer supposedly own, and what the author was distinctly and explicitly ALREADY PAID FOR is exactly the same as putting a hacked/deserialed copy on the web for China to download. I agree completely. You should sue EVERYONE. They are all thieves, have no honor, and never would have bought your product in the first place (er... um...) Your EULA, whether it would stand up in court or is even worth enforcing, is GOD'S WORD, a contractual obligation that CAN NOT be questioned, and let the dishonorable heathens be put to the sword.
Yeah, OWN IT baby.
The rest of us will continue to do our best to honor the spirit of the law while not getting shafted by the media conglomerates that think it should be illegal to go to the bathroom during a commercial break. Go ahead and try to enforce a ridiculous EULA. Let me know how it works out for you. '
I'm glad you finally see the light and realize that I am right. It was inevitable. I only came to the realization myself that I am always right. That came with the same realization that I am just that fucking awesome. Knowing you now see that to has warmed the cockles of my heart and I am rejoicing in that knowledge as I bid you ado and wish you well.
D&R (Death and Repudiation) License===================================This software may not be used directly by any living being. ANY use of thissoftware (even perfectly legitimate and non-commercial uses) until after deathis explicitly restricted. Any living being using (or attempting to use) this softwarewill be punished to the fullest extent of the law.For your protection, corpses will not be punished. We respectfully request that you submit your uses (revisions, uses, distributions, uses, etc.) to your children, who may vicariously perform these uses on your behalf. If you use this software and you are found to be not dead, you will be punished to the fullest extent of the law.If you are found to be a ghost or angel, you will be punished to the fullest extent of the law.After your following the terms of this license, the author has vowed to repudiateyour claim, meaning that the validity of this contract will no longer be recognized.This license will be unexpectedly revoked (at a time which is designated to bemost inconvenient) and involved heirs will be punished to the fullest extentof the law.Furthermore, if any parties (related or non-related) escape the punishmentsoutlined herein, they will be severely punished to the fullest extent of a newrevised law that (1) expands the statement "fullest extent of the law" to encompassan infinite duration of infinite punishments and (2) exacts said punishments upon all parties (related or non-related).
The reason is that they do not have a natural right to it. Thomas Jefferson explains it better in a letter to Isaac McPherson:
"It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance.
By a universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property.
If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.
That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.
Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices."
Jefferson's views on patents should not surprise those who are aware of his views about democracy and equality. He opposed patents strongly because he considered it an unfair monopoly. He would later become more in their favor when he discovered the power they had to encourage invention.
Jefferson, always the scientist, warmed to his duties and became more open to the idea of patents when he saw how many inventors put forth their ideas as a result of the new system of protection, claiming that "it had given spring to invention beyond my conception." (As cited in Malone, 1951). It was also, basically a one man operation with Jefferson personally assuming the majority of the responsibility. So much so, that it is legend in the Patent Office that he stored conferred patents in a shoe box under his bed, hence the term for patent document housed in the public search room — "the shoes" (info@micropat.com).
Jefferson soon realized, though, that as Secretary of State, he needed to relieve himself of his beloved patent duties since he felt that more time was required for the job than he was able to give. To take care of the expanding amount of patents being asked for, Jefferson drafted his own patent bill in 1791. Congress did not enact this bill but in 1793 passed another. The act of 1793 allowed Jefferson to be relieved of his duties, but to his dismay allowed the granting of patents almost entirely an automatic matter, which was opposite the system which Jefferson championed.
The 1793 system, which caused great harm, did not last. A new code was instituted in 1836. It was a compromise between the strictness of Jefferson and the free-wheeling acceptance found in the 1793 act (Malone, 1951).
This bill was the basis of our patent system until contemporary times. Jefferson's hand and influence giving protection to the inventor but access to the user, as well as the utility of the invention are still benchmarks of the United States Patent Office.
If you think Jefferson's way of handling patents is the right way to do so then we have reached an agreement.
I know the industry folks would like you to believe otherwise, but EULA's and documents like it, do not automatically take away some-one's rights, even if they click agree. You strap your ass in a bungee like ride and snap your neck as a result, that document you signed saying the company isn't liable for damages won't do much to keep that company from facing and losing a lawsuit. Plus, EULA's have not always won in court, not to mention the fact EULA's are agreed to after a purchase, not before, which is like selling someone a product and then telling them they have to sign a contract after the fact in order to use it or go through some arbitrarily difficult process to get their money back.
Industry folks want to whine, stomp their feet and point to morals when it comes to piracy because that works so well right? You want to know why piracy is as bad as it is, look at the industry response in this thread. They refuse to listen, budge or even admit that their demands are pretty ridiculous. Hell Jafo even admitted software is a hybrid and sees no problem with not giving the consumers the protections of a product or a license. As long as the industry response is we can do whatever the hell we want, when we want because of our EULA, and consumers be damn if they actually expect anything more than that, enjoy your piracy rates because they're not going change under that scenario.
Because people want something for nothing. Why, when there are so many free anti-virus programs available that get good solid reviews are there over 20000 people seeding and downloading Norton illegally? When there is Open Office and Google Documents is their over 10000 seeds and 5000 leeches in just one torrent for Microsoft Office? If Stardock is the exception to bad marketing, why is there over 10 pages of illegal torrents for Stardock on just one site? Try searching for some of the artists MAster skins here and see how many Rapidshare downloads you can find. People would rather get it for free than pay for it at all, it's that simple. Like I said, you all may have a valid argument, but if you think you are the majority in the world of EULA violations you're naive. You're a fraction of a fraction that barely makes a ripple in the pool. And until someone can get a handle on the rest, the developers and distributors will keep looking for ways to make it more difficult for people to pirate, steal, copy or whatever. Not much different than a judge who gets tired of seeing the same guy over and over for speeding and puts a block under his gas pedal so he CAN'T go over the damn speed limit and keep breaking the law.
To that I agree. Put a block under his gas pedal so he can't go over the damm speed limit. No block on everyone's pedal.
Go ahead, keep doing the same thing over and over again trying to get different results. I'll check back with you in a few years and see if piracy is up or down. It's no wonder that you can't listen, you don't even bother to read. I don't violate EULA's as a general rule of a thumb. I don't buy used copies of software; I don't sell them. I don't lend people copies of my software either, and I buy my MP3s from places like amazon (not itunes). My aniti-virus and anti-malware programs are the free versions. The only time I've used a torrent on this build of mine was to get a beta copy of STO which Cryptic released itself.
But like i said, keep going down the same narrow path and ask yourself why the direction never changes all while people are on the sidelines are telling you to take the fork in the road and stop screwing your paying customers, and you just might get more of them. But hey, what do I know right? I am just the enemy, oh wait, customer right?
And the content creators would like to get paid in perpetuity for not doing any additional work or creating any additional value....
I can make broad generalizations too. I know piracy is a problem.
So i am to believe that the 10 pages of people pirating Stardock software have the same issue you do and you're WRONG about Stardock being fair and that the other 50000 illegal torrents on just on page on one site are all because each of those people feel the same you do about the EULA? And how does this apply to the people illegally downloading MAster Skins, theatrical movies digitally filmed on a JVC Cam and uploaded to the internet, etc?
the number of illegal downloads speak for everything. With all of the open source alternatives available there is no cause for that many illegal torrents except to steal. There are versions of ObjectDesktop that go back to 2004 being torrented. The numbers, the specific items being pirated do not support your reasoning.
It's "their" content.
Why the fuck can't they be allowed to determine how they are paid, and when?
You know, it's a fact of Copyright Law [outside of the US interpretation] that there is no allowance for the copying of such media as that Music CD you bought, or that 12" vinyl being transferred to cassette.
It 'was' all prohibited [I'm talking about here where I am in Australia].
Then, when it came to Computer software [on CD] the A-Triple-C determined [decreed] that it was 'appropriate' that a consumer should be allowed to make backups of such software that was CRITICAL TO HIS BUSINESS.
You know, that still didn't mention games, music, film, etc.
Then along came the Free Trade Agreement [between Bush and Howard]...where it was 'sensible' that there would be MORE accord between the relevant 'Laws' so we adopted the US Copyright Interpretations which [wow] allowed backups of media to be made without fear of litigation.
In Australia, though it was definitively illegal no-one was actively chasing people...and the same bullshit argument we are getting today had fizzled out long ago with issues of taping LPs, etc.
EULAs, etc. do not promote piracy. What promotes piracy is its ease of success, lack of ADEQUATE penalty, and its BOTTOM LINE.
It's quite cute that people quote some dead dude like Jefferson as if he is a God. His problem is he is so long dead he has [clearly] no knowledge of the world's current issues with Internet Piracy [hint - computers haven't been around - forever....it just seems that way to the young/pirate]....so much of his 'great thinking' bears no relevance.
These days 'Hoon Laws' tend to confiscate offenders' cars for them to be auctioned/scrapped.
Perhaps the same shouldbe done with Pirates' computers.
Do the crime...do the time.
If you DON'T think it's a crime....change the law. Lobby/petition your Government...get elected as the EULAsucksdonkeyballs Coalition.
But,
No matter how FUCKED you think the Law is.
You break it at society's imposed consequence.
You still can't listen or read can you? I don't know how I can be wrong about Stardock being fair or not being fair since I didn't claim either stance. I don't think their method is perfect even if it is better than other methods. Here's what I do know which you, apparently, refuse to believe: YOUR METHOD DOES NOT WORK.
I am guessing you can't actually prove this position, but you'll hold onto it even as piracy rates soar, and your position continues to fail year after year. Yep, that's the company line. If it doesn't work, just shout the same shit over and again. Good plan.
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