Lawrence Dignan
Zack Whittaker
Opening Statements
It isn't the Wild West anymore
Larry Dignan: The Internet has grown up with this somewhat ludicrous idea that there's this heavy dose of freedom and anything goes. The reality is that every entity that plays on the Internet---advertisers, content providers, information producers, service providers and the U.S. government---all have a role in tracking what you do and roles to thwart piracy. The Internet just isn't Wild West anymore although some folks like to portray it that way. If we want professional content and capital risk, we have to fight piracy. This argument also goes beyond Hollywood and the music industry. Pirated software costs technology giants a bundle too. Will that anti-piracy movement mean that some freedom falls away? Yes, for people who are pirates/criminals. Criminals sacrifice freedom in real life. Is the Internet all that different?
For me, the question about whether Internet freedom can ever be sacrificed for piracy is decidedly yes. We just have to be smart about who loses the freedom.
We would not stand for it
Zack Whittaker: The answer of course is simply a resounding "no". As seen in recent weeks with the SOPA and PIPA protests, the Web would become a stagnating pool of offline sites and 404 messages.
Pandora's box was opened with peer-to-peer file-sharing during the late '90's. Nothing was done at the time, and now our respective governments are trying to claw back what little control it has on Web users' actions.
We as a society have seen what a "free and open" Web is---something the founding fathers of the Internet prescribed---and it would be inconceivable to see a fragmented, distorted and 'broken' online world.
Simply put, we would not stand for it. We can only really miss something once it has gone, and as seen with recent protests, a significant minority speaking on the vast majority would not let such infringed freedoms happen.
If it started with piracy, it would never stop.
The Rebuttal
Closing Statements
There needs to be a middle ground
Lawrence Dignan
The Internet should be open and free and all that wonderful stuff. But the reality is that piracy is out there and there has to be some common sense guidelines to prevent it. Why? If there are no incentives to create great content you'll be stuck with crap. Where the debate should really focus on is how some middle ground can be achieved. SOPA was a debacle that was created behind the scenes. Unfortunately, government and common sense are two things that often don't go together.
It's not the tool that needs fixing
Zack Whittaker
The Internet should be free and open. Tea tastes better with a dash of milk. Cows like water. It's a given, really. Instead of censorship and domain-name blocking, change needs to come from the very heart of who we are and what we do. Just because you hit your thumb with a hammer doesn’t mean you punish the nail. It’s not the tool that needs fixing. It’s us. Ultimately, our behaviour needs to change, and with that, the music and film industry needs to adapt first. Censorship is for the oppressive regimes. Let’s not bring China’s firewall to the United States, please.
Don't punish those who play by the rules
Jason Hiner
I'm really glad that we did this debate and brought some reasonable dialog to what is a highly-charged and often irrational subject. Ultimately, Larry is right that the Internet is badly in need of some common sense guidelines to help protect copyright holders in order to incent people to create, innovate, and market their products. But, as Larry also pointed out, getting today's governments to produce common sense guidelines is a rare if not impossible thing. As a result, giving up any freedoms to fight piracy usually ends up punishing the people who already play by the rules, while the pirates find new ways around the rules. For that reason, Zack is on the right side of this one.
More from "The Great Debate"
I have some sympathy for the MPAA members, but I don't have any for the RIAA members.
All of these so-called "anti-pedo" and "anti-piracy" laws, are deliberately worded to facilitate abuse, by Corporations and the Government.
Money that isn't paid to the multi-national media companies, can be spent at local businesses.
After reading the debate and having followed this issue closely, while I do agree with Larry's points, he looks to be missing something critical.
The internet is comprised of what I call three buckets:
1. Economic
2. Social
3. Communication
There is a lot of overlap betwixt these depending on the specific use.
I am seeing almosy all of Larry's points factor in Economic.
Zack's spread more across all three (EU background?).
Then I have one last question: Why should the USA become the "policeman" of the internet?
I'm voting a resounding "No".
Nice debate
This legislation is just a golden ticket for the media industry to get what it wants the way it did in the golden years.
It's all a lot of lies made up by Marketing departments and lawyers.
Personally I'm keeping an open mind until the debate. No point going in headstrong.
I know of one video store in my town which I would seriously question whether or not they actually pay such fees
And just as there are those who do illegally pirate stuff to pocket the savings, there will be stores like the one you mentione that will, too.
Just as there are alot of people who are honest and don't pirate, they pay their share, there are stores that are honest and pay their share.
So if you sell a used CD or DVD from your own personal collection on ebay and make a profit, are you going to write to the content creators and offer them a big cut?
lol...
Game, set, match!
They always seem to forget these things.
business model
When you buy a DVD, the royalty on that DVD is part of the price, so it's accounted for. At that point on you're free to sell it as you like on ebay.
For rental places, they have to pay on the number of times rented, as why would an artist or creator want to settle for royalties on a single DVD sale to teh store, giving up royalties from the 5000 or so rentals?
Otherwise why would a content owner allow it to be rented? Better off to just sell it and earn the royalty from each of those 5000 sales
But let's say I'm buying a used CD or DVD off ebay. I'm not paying any royalties on that. Especially since it only cost a $1
Game, set, match, part 2!
~
And I wasn't talking about "rentals" so why are you addressing me?
As he never said that they pay a royalty when they sell.
But then you can't see that, as you don't understand the business model.
Game set and match for me. (Like there was ever any doubt)
If you make money off of media, you have to pay royalties.
And I brought up a situation that disputes that generalized statement. I could care care less what rental companies have to do.
Even @Sceptical Observer saw the point I was trying to make. Why can't you? Are you that dense?
Looks like I still win. Triple game set match!
Those who support this are asking for horrors to be done to them with these granted powers.
Shops suffer from shoplifting, should we all be forced to wear GPS trackers to combat this?
How about alcohol, that can be a problem for society. How about the police make random checks in your home, to see if you have "a problem".
In your strange little world, that's perfectly acceptable.
rheiblim, you must not have read those bills properly. Yes, they were assaults on Internet Freedom, the founders of the internet (back when it was DARPANet) said it was, numerous technological companies said it was, etc.
You are obtuse in the extreme if you truly think that those laws that they have been pushing, from SOPA to OPEN to PIPA are not attempts at cutting down on internet freedom.
Simply put, piracy is NOT AT ALL a big problem today. 99% of 'pirated' stuff outside of console/phone games is just people doing timeshifting of TV shows/music/movies that they have already paid via cable TV memberships for or downloading the latest episodes of TV shows that they missed because of the obscene restrictions on recording of HD TV shows in the United States today.
I agree. Unreasonable search and seizure just to protect the the profits a few fat cats are not acceptable. The content provider should look into a technical solution like the awful DRM if they are are really concern about protecting their work, not causing havoc on the Internet or filling the jails with 'copyright infringers'.
Ironically their products would be much cheaper, if they didn't waste millions of man-hours and dollars on DRM.
First off we need to know what is legal and what isn't. This is where things get complicated because some feel freedom is right while others don't. Should i be allowed to make a copy of a CD to play in my vehicle? Should i be allowed to lend a copy to a friend? Should i be allowed to make a copy for my friend? Should i be allowed to offer a copy on the Internet? See the progression for freedom just in that isolated case?
If you doodle Mickey Mouse onto a table napkin during lunch... should you be forced to pay Disney money for infringement of a character created nearly a century ago by a man now dead?
The laws already governing copyright will apply just fine to the internet.
I DO have a problem with the way a solution is being proposed. Anytime you kill flies with hand grenades you have a lot of collateral damage. Too much.
There is no reason existing laws cannot be used or modified to deal with the problem. If you want to solve a technical problem use a technical solution, not some excessive legalistic junk devised by someone who doesn't even know how it all works.
One last point: if we finally fiqure this out and a takedown is implemented on a site, if the charge turns out to be wrong the party making it needs to be liable for the damages caused. No excuses.
And I thought us westerners had grown completely apathetic! Apparently not when it comes to our main source of procrastination.
I enjoy the irony.
Piracy is already illegal, and we already know who is doing it and who is facilitating it. The megaupload thing is all the evidence needed that they already have the tools they need to do the job, so let's get on with it.
Well said. The proposed solutions target everyone except the real offenders.
If whatever regulation is going to pass, restricting the way I go on the internet, I also want a law to prevent the ads from coming into my browser.
I know I am not drawing a clear picture between the two, but if the government decided to interfere now, I would love them to add the option for the users to opt out of internet advertizing as well (same way you have a cumbersome way to opt out of junk mail). And then it will be the end of the internet as we know it, companies will go bankrupt, and people will have less incentive to publish online (less or no pay per click revenues)
And you're paying for it, buying your personal tracking device (smart phone or tablet) and spewing loads of your personal information with it into government and other secretive databases. (facebook, google +)
Any changes should be in the direction of freedom, not tyranny.
They wouldn't have been able to shut down a legal company without a trial.
Yeah, that's terrible.
However, the line is very thin here. If it's true that Internet should be regulated in such a way that promote also the freedom of creation for those who want to share and the freedom of selling their own products for those who want to sell, laws shouldn't be worded in such a way that megacorporations might have their way at the slightest hint or suspicion of piracy. Sometimes, what seems piracy is nothing else than alternative distribution, IF the one sharing has the rights to do so.
Big media corporations are trying to defend an obsolete business model. I'm all for protecting their ways of doing business legally (if they want to sell CDs and DVDs and charge high prices for their distribution channels, who am I to protest? I just won't buy their content if there's another, cheaper channel available); but I'm so against letting them to close and crush alternative legal channels, like online marketplaces where artist could freely sell their content directly to the masses without a media corp. behind.
And if there could only be two extremes, say, no regulation or full regulation that gives all power to the corporation, I'm all for no regulation at the end of the day.
It's debatable that piracy only leads to less creation and higher prices. There is evidence that the opposite is true. It is even more debatable that piracy only leads to lost profits (ask Mercedes Lackey about freely distributed ebooks and increased sales of her other books). Before enacting new laws, we need to know what the real problem is.
Copyright holders 'broke' the law. They didn't technically violate it, they simply 'broke' the social contract. They have 'Hijacked' every every bit of Copyright material which should have entered the public domain for years and years to come. They own the law, but by violating the social contract, they have debased the concept of Copyright.
There is no reason to respect their 'broken' law until they respect the social contract and begin releasing material into the public domain. Copyright law no longer has any moral standing until the Copyright social contract is legally restored. Until then we will have 'Pirates' copying 'Hijackers' booty.
That poll could have some more 50-50 like pattern... what debates is this, where almost everyone agree?
Still all thanks to ZDNet that also has to show the obvious truth to those who do not understand IT.
High Prices / Low Volume = Money (Example: Bose, Rolex, Ferrari)
Both companies are making profit. Profit is what it is all about. Americans like a deal, and when you flash low price that fits a minimum wage society you will see the money.
With regard to piracy, yes there is money lost there, if someone is selling black market copies of a product obviously the purchasers had the funds and the interest in buying the product but didn't want to pay full price.
Larry Dignen, you said it... "Hunt them down", this is how you stop them cold otherwise, by shutting down a domain, they just move on to another domain and continue business as usual until someone catches up to them and shuts down that domain. When all is said and done, you've got all these domains blocked and still no "perpetrator in custody". They've done it, we've seen them do it, it can be done.
This has been beat to death in the past - the majority of pirates had no intention of buying the downloaded file(s).
The government is for supporting the "industries" because it gives them back doors into controlling/monitoring the internet and it's users whether they are criminals or not.
That is decidedly un-American.
Perhaps it is compared to what the founding fathers envisioned... Unfortunately, it is decidedly American these days.
Then it's time "We the People" take it back to what it was instead of letting corporate "quasi" citizens tell our government how things should be!
Join the conversation!
Debate Event Reminders
The Great Debate Newsletter
With the Great Debate newsletter, you get a front-row seat to every argument until the final gavel falls.
Upcoming Debate
-
Can PC makers survive in a post PC world?
May 29, 2012 | 7:00 AM PDT
Add to Calendar




No to Censorship
RE: Should any Internet freedom ever be sacrificed to fight piracy?
RE: Should any Internet freedom ever be sacrificed to fight piracy?
RE: Should any Internet freedom ever be sacrificed to fight piracy?
If you make money off of media, you have to pay royalties.
And I brought up a situation that disputes that generalized statement. I could care care less what rental companies have to do.
Even @Sceptical Observer saw the point I was trying to make. Why can't you? Are you that dense?
Looks like I still win. Triple game set match!
RE: Should any Internet freedom ever be sacrificed to fight piracy?
It's debatable that piracy only leads to less creation and higher prices. There is evidence that the opposite is true. It is even more debatable that piracy only leads to lost profits (ask Mercedes Lackey about freely distributed ebooks and increased sales of her other books). Before enacting new laws, we need to know what the real problem is.