Should any Internet freedom ever be sacrificed to fight piracy?

Moderated by Jason Hiner | January 29, 2012, 4:47pm PT

Summary: SOPA-like legislation wasn't the right way to fight piracy. But won't a better solution still require some compromises?

Lawrence Dignan
Decidedly Yes
or
A Resounding No
Zack Whittaker
Best Argument: A Resounding No
9%
92%
Audience Favored: A Resounding No (92%)

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

Great Debate Moderator

Mic check...
Are both of my debaters online?
Jason Hiner 31st Jan
I'm here
Wondering if this is the equivalent of an editor dunk tank. But that's ok, I'm going to kick Zack's arse crowd be damned.
Larry Dignan 31st Jan I'm for Decidedly Yes
I'm here, too.
Unlike you, I'm no digital dinosaur, Dignan. Best of luck, you'll need it.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Freedoms and rights
Everyone agrees that freedom is a good thing, but freedoms are always limited once they infringe on someone else's rights. Isn't that the fundamental issue at stake here? It's about where to draw the line of where Internet rights end and infringing on the rights of others begin, right?
Jason Hiner 31st Jan
Criminals don't get freedom
All freedoms are limited when laws are broken. The fundamental issue at work here is whether you have the right to create content and make a living at it. Without profits there are no incentives to create content. The Internet is portrayed as this free place where anything goes. It's just not the case. There are a lot of things that aren't necessarily cool or legal to do. You download a movie illegally you cost someone money. Ditto for a song. That artist was screwed by you. The line for me is where people can't make money doing what they love.

For the record, this debate feels like a modern day dunk tank with 90 percent of you agreeing with me. My stance is that piracy is bad and with a decent law there's a balance that can be hit. The ability of our government to have a clue isn't the issue here---that could be another debate. There would be no debate if government's ability to perform were in question. We all know that answer.
Larry Dignan 31st Jan I'm for Decidedly Yes
Simplistically, yes.
But the problem is there are no rules of the web, only the rules of law. And, with a borderless, global network, any Internet-affecting law will invariably have a global reach; whether it intends to or not.

The U.S. has been pushing its anti-piracy laws on citizens for years, from DMCA through to SOPA. But the U.S. tries to police the world all too often with its legislation, and what the U.S. believes is 'right' is often not the case with other countries, particularly Europe.

Freedom of speech and expression is a wonderful right to have. But with such freedoms come inevitable restrictions. Why can I not tweet a link to a copyrighted file on a torrent website, but a pastor from Florida can legally threaten to burn the Qu'ran?
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Time for guidelines?
So, if we agree that the first principle I mentioned is the ultimate goal here, then can we agree that we've reached a point on the Web where some kinds of guidelines are needed to protect the rights of both average citizens and the organizations that are investing so much into the Web? Explain your perspective.
Jason Hiner 31st Jan
Guidelines good. Congress bad.
I think it's time for some kind of guidelines that are reasonable and make sense. The problem with SOPA-ish legislation that it was cooked up on the sly by the music and movie industry and its cronies. The tech industry woke up and realized the side effects would be huge. So there was a big protest effort that seems to have worked for a bit. These guidelines have to be fairly loose or anyone with a vendetta can take down a Web site.

It's time for guidelines, but there's a big disconnect behind government's ability to be reasonable---generally speaking pols are dolts---and enforcement as well as the side effects.
Larry Dignan 31st Jan I'm for Decidedly Yes
We already have guidelines.
We have laws. Granted, some ignore those laws, but punishing the whole Web should not even be considered an option.

Most of these organisations are U.S. based, and they in turn lobby the U.S. government or members of Congress. Often what happens in the U.S. affects every other country's citizens as a result. We have seen intense U.S. lobbying in the recent proposals for an updated European data protection laws, along with U.S. threats of imposing trade sanctions in Spain, forcing the country into adopting tough SOPA-like anti-piracy laws (known as "Sinde law").

Rights-holder groups in their lobbying efforts are disregarding citizens' right to a free and open Web by favouring the protection of their own revenue streams.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Understanding freedom of speech
Would you agree that part of the problem here is that a lot of web citizens tend to misunderstand the concept of freedom of speech? For example, it doesn't mean you can say anything you want on a private forum like ZDNet. It means that if you don't like the way the ZDNet forums are moderated, then you are free to start your own site.
Jason Hiner 31st Jan
Freedom of speech and more
I think citizens get the general concept of freedom of speech. I'm free to roam the streets, think what I want, say what I want and practice any religion I choose. I'm not free to steal your stuff as I'm roaming the neighborhood. That's the brick and mortar version of piracy. The Internet concept of freedom is that you can do anything without any costs. It's almost laughable that everyone thinks that the Internet is free. You pay with your data. Google isn't free. Yahoo isn't free. And Facebook isn't free. You pay with your information and agree to be tracked.
Larry Dignan 31st Jan I'm for Decidedly Yes
Define: 'free speech'
The definition of freedom of speech is wishy-washy at best, and varies massively. Does anyone really know what the definition of free speech is? How far does it reach, exactly?

There seems to be a top-level-down process of 'law' that dictates the level of freedom of speech, with exceptions. It then gets watered down as it passes through a site's terms and conditions, which in itself restricts users on what they can and cannot say. People claim their right to freedom of speech is being infringed, and perhaps it is. Ultimately, on private 'property'---even if it is an online property like ZDNet---some things fall to the discretion of the people upstairs, so to speak.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Is the web open?
Let's talk about the open web. Would you still characterize today's web as fundamentally open? If so, what needs to be in place to keep the web an open platform?
Jason Hiner 31st Jan
It's open
I would characterize the Web as open. Open to me means that there are connections between systems. Open standards are everywhere. It's not perfect, but just think about the APIs that are flying around between systems. The Web needs open standards to remain open and parties that see advantages of cooperating at times.
Larry Dignan 31st Jan I'm for Decidedly Yes
It's not open
It depends on whether you mean the Internet as an infrastructure, whether you mean individual access to the Web, or how online access is allowed or restricted on a country-by-country basis. Remember, we still have half a dozen countries still recovering from the Arab Spring. Internet access was blocked in entire swathes by repressive governments, and interim administrations are still dealing with major political issues of transparency, liberty, and freedom.

The Internet is an open network in the midst of a control-struggle by global authorities. And while globally it is mostly open, it can still be controlled within respective borders. Just look at China.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Threats to the open web
What are the biggest threats to the open web?
Jason Hiner 31st Jan
Threats and an addendum
To me the biggest threat to the open Web are giants doing their best to keep you locked into their owned and operated sites. Google's treatment of Google+ in its search results gave me pause. However, Facebook isn't exactly giving Google access either. Everyone has their stack of stuff they are trying to sell. In that regard, the Web really isn't that different from what enterprise giants such as SAP, Oracle and a bunch of others are doing---sell you a stack of stuff.

To get to Zack's point before. Yes, there are questions about the open Web in the Middle East and elsewhere, but the ability of folks to work around the restrictions indicates to me that there's an open path somewhere.
Larry Dignan 31st Jan I'm for Decidedly Yes
Hollywood
It is not about who or what is the greatest threat, per se, rather it is about who holds the greater weakness. Government is the weakest link in the chain of accountability. Tens of millions of dollars were spent by the MPAA, RIAA and other rights-holding groups to lobby members of the U.S. Congress into changing the law.

While Congresspeople are ultimately accountable to the people---and not just those who voted for them---they also have to take into account the views of the people and organisations that funded their campaigns into public office. This is government lobbying.

Having said that, non-accountable bodies such as rights-holding groups have the back of the record and film industry, and the people can do nothing about them. I therefore see music and film industry together as the greatest threats to the Web at the moment.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Is the world moving away from open systems?
Are open systems falling out of favor in the technology world? The world's most valuable tech company (Apple) runs a tightly controlled ecosystem, Amazon runs closed systems, and even Google -- a former champion of open systems -- has become increasingly less open with Android and is arguably betraying the open ethos by tightly integrating Google+ into Google search to the detriment of other social networks.
Jason Hiner 31st Jan
Time frame matters
The key to answering your question revolves around timelines. In the short term I'd say closed systems have an advantage. Apple can integrate its software and hardware better. It just works. Amazon's system is really about commerce. And Google+ I addressed earlier. I think over time open wins out, but there are periods of time where closed looks better. Ultimately it's possible that a hybrid model emerges. Apple isn't closed to developers per se. I view Apple as hybrid on the closed system argument.
Larry Dignan 31st Jan I'm for Decidedly Yes
Yes, but not for long
As Larry said, because Facebook and Google can't get along, it means the users ultimately suffer. At least European's may benefit from rules set forward in the recently proposed data protection laws, forcing social networks into opening up their data controls to allow users to export their data to other services. For Americans, however, this still seems to be a far off dream.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

The cost of piracy
Getting back to Internet freedoms, what are the costs of not doing anything? In the digital age where copies don't cost a thing, does piracy truly drive up the cost of goods for honest customers?
Jason Hiner 31st Jan
Costs
The costs of doing nothing are pretty low in the U.S. Piracy just isn't a huge issue relative to China. Can you imagine Microsoft's earnings if piracy in China was eradicated? You could argue that those piracy costs are passed along to customers anywhere. So yes, to some degree I think consumers have been screwed. How much is debatable. I have a tough time seeing companies passing along piracy savings to consumers. However, if corporations cut down on piracy, invest more and hire more people that works for me.
Larry Dignan 31st Jan I'm for Decidedly Yes
How do you compete with 'free'?
Piracy probably does drive up the cost. The problem that many in the music and film industry faces is: "How do you compete with free?" Others are looking towards different models of selling content---such as Radiohead allowing users to 'pay what you want' for one of their albums, or Louis C.K. giving away his DRM-free standup special for only $5---have still made the mega bucks away from the 'traditional' model.

We, as ordinary Web users, have adapted. The media industry needs to adapt, too. You can stop a person running out of a store clutching half a dozen stolen DVDs, but you cannot stop millions of people from torrenting a Hollywood movie.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Does anti-piracy actually hurt the honest people?
What do you say about the argument that most copy protections and anti-piracy measures end up hurting honest consumers more than pirates since the small percentage of people who refuse to pay are usually clever enough to find another way to get the content for free?
Jason Hiner 31st Jan
A rat hole
I suppose that's possible, but the argument is a rat hole. It almost sounds like a drug legalization argument. If copy protections are done right I'm not sure people care. Amazon's Kindle format is technically closed. I never noticed. I do know when push came to shove on my e-book I went for the DRM. Not sure I'd go that route again---probably wouldn't---just to see what would happen saleswise.
Larry Dignan 31st Jan I'm for Decidedly Yes
I think we agree.
I will not be the first person to slam in a CD to a computer and find that, "this disk cannot be played", because of a digital copy protection problem, and will surely not be the last. It???s infuriating. At least with pirated content---even if you own the CD anyway---you can transfer it onto any media player or computer without restriction or hassle.

Pick your favourite movie from a torrent site. You download it, you open it, and you watch it immediately. With a DVD from a shop---that you bought with your hard earned cash---you are forcibly reminded for first 20 minutes not to share or the DVD you just bought. By then, you've already eaten your popcorn.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

What about the low-cost argument?
What's your take on the argument that if companies lower the cost and make it easier to buy something digitally than it is to pirate it then most people would rather pay a fair price than steal?
Jason Hiner 31st Jan
It's a valid argument
I think that argument makes sense largely based on the iTunes precedent. 99 cent songs thwarted piracy in a big way because there wasn't a lot of reason to steal songs. There's still piracy, but the music industry has a growth stream at least. Digital is still disruptive though.
Larry Dignan 31st Jan I'm for Decidedly Yes
Industry needs to adapt.
Again this falls back down to the model of things. Louis C.K. and Radiohead, amongst others, dare to break away from the rest of the mould, and they still made heavy profits. iTunes made a difference, as Larry points out, but pirating is still so easy. Instead of government's enacting harsh, and draconian legislation, industry needs to make it easier to access content. iTunes is popular, but it's not universal.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Your take on the anti-SOPA movement?
How would you characterize the grass-roots movement that got the U.S. Congress to abandon SOPA?
Jason Hiner 31st Jan
A start
I think the movement was powerful and a good moment for tech. I also think its effects were vastly overrated. Congress caved because they saw big pissed off donors from the tech industry. In an election year who wants to be the dolt that destroyed the Internet? The jury is seriously out on tech's ability to derail stupid legislation. Let's face it: Bad legislation is everywhere and the tech industry has to play Whac-A-Mole.
Larry Dignan 31st Jan I'm for Decidedly Yes
It was simply beautiful.
We can thank mostly Reddit for inspiring and organising the mass-shutdown of websites on 'Black Wednesday'. With an online population of around 35 million people, it represents 10 percent of the U.S. population. It was a minority, but a significant and powerful minority.

Who cares if Anonymous takes down a few company's websites for an hour because they supported SOPA? Reddit itself is a collective of like-minded, clued-up people who arguably represent Web users better than any Congressperson ever could. It was these people who campaigned vehemently on our behalf, and pushed for change, and pressured even U.S. Congresspeople into changing their stance about SOPA.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Your two most important points
When it comes to Internet freedom and anti-piracy, what would you sum up as the two most important issues that people need to keep in mind?
Jason Hiner 31st Jan
My two
For me it's the right to make money at what you want on the Internet. Guidelines that preserve that right with some common sense are good. Anti-piracy is an important issue, but one that has to be evaluated with care from all stakeholders. Now tech seems to have a voice maybe something rational emerges.
Larry Dignan 31st Jan I'm for Decidedly Yes
If you thought SOPA was bad...
Firstly: Internet and Web access is not yet a fundamental human right. Until the U.S. plays ball and follows suit alongside some European countries that have already made such a declaration, the Web will remain an important and useful commodity, but something governments will seek to control.

Secondly: Just because SOPA and PIPA were shelved, we still have a heavily watered down but nevertheless potent ACTA agreement, and a very nasty OPEN bill to battle. Anti-piracy law will not go away. It will keep coming. So be prepared, and get ready to fight.
zwhittaker 31st Jan I'm for A Resounding No

Great Debate Moderator

Thanks for joining the debate
Larry and Zack will post their closing arguments tomorrow and I will declare a winner on Thursday. Between now and then, don't forget to cast your vote and jump into the discussion below to post your thoughts on this topic.
Jason Hiner 31st Jan
Ends in:
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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"

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Comments

Join the conversation!

0 Votes
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
lehnerus2000 Updated - 29th Jan I'm for A Resounding No
Industry "talking points" don't convince me.

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.
0 Votes
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Three Impacts
rhonin 31st Jan I'm for A Resounding No
@lehnerus2000

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 happy
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Jean Chicoine 29th Jan I'm for A Resounding No
No, no and no. The way I see it, the fight against piracy is just a front for something more sinister: the control over content and distribution by governments and corporations.
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A Dose of Reality
AnAccountICreated 29th Jan I'm for A Resounding No
I don't claim ignorance of the fact that piracy causes lost revenues, but let's be realistic. Those pushing the legislation claim piracy is causing missed revenues. What about local libraries? They provide media for no cost (which could subsequently be copied) to a any number of people. What about Joe Smoe's video store? Is he really paying royalties to the movie studios whenever he rents a video out... especially considering he bought the video at Wal-Mart? What about Bootleg Bobby that drives up to my office every Thursday with last week's newest release? Is this legislation going to shut him down? Now if the legislation passes, I wonder how people will ever find another venue to "back-up" their media from...

This legislation is just a golden ticket for the media industry to get what it wants the way it did in the golden years.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Morely Updated - 30th Jan I'm for A Resounding No
@AnAccountICreated I don't believe the claims that piracy causes lost revenues; at least, not piracy at the individual downloader level. Sure, big "DVD factories" (located in Third World nations and China, usually) might be causing *some* lost sales, but generally the prices that *can* be paid in those places are a tiny fraction of the retail prices of the "legitimate" products. Furthermore, the RIAA's figures claiming revenue loss have been shown to be mathematically impossible, and are predicated on the theory that every single human using the Internet would spend his or her entire annual income on music CDs if only piracy didn't exist.

It's all a lot of lies made up by Marketing departments and lawyers.
@AnAccountICreated In response to your whole query about rental stores, WE DO in fact have to pay royalties for every video rented. It's very heavily monitored and can get heavy repercussions if anything funny happens. If you make money off of media, you have to pay royalties.

Personally I'm keeping an open mind until the debate. No point going in headstrong.
0 Votes
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
AnAccountICreated 30th Jan I'm for A Resounding No
@Gavello If that's the case (all across the board), then I am corrected. I know of one video store in my town which I would seriously question whether or not they actually pay such fees, and I'm 99% sure my parent's friend back in the VHS days wasn't doing so... hence my rant.
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There are thieves everywhere
William Farrel 31st Jan I'm Undecided
@AnAccountICreated
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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
ScorpioBlue 30th Jan I'm for A Resounding No
@AnAccountICreated In response to your whole query about rental stores, WE DO in fact have to pay royalties for every video rented. It's very heavily monitored and can get heavy repercussions if anything funny happens. If you make money off of media, you have to pay royalties.

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... grin
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Sceptical Observer 31st Jan I'm for A Resounding No
@ScorpioBlue
Game, set, match!
They always seem to forget these things.
0 Votes
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Actually, you're making the mistake of assuming it's the same
William Farrel Updated - 31st Jan I'm Undecided
@ScorpioBlue
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
0 Votes
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
ScorpioBlue Updated - 31st Jan I'm for A Resounding No
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.

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?
0 Votes
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You just can't see
William Farrel Updated - 2nd Feb I'm Undecided
@ScorpioBlue

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)
grin
0 Votes
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
ScorpioBlue 2nd Feb I'm for A Resounding No
@Willie, he made a generalized statement at the end of his piece. He said;

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!
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When we lose freedom of speech and due process
symbolset 29th Jan I'm for A Resounding No
Then we have lost everything. We cannot speak out against evil and oppression. We would not be entitled to protections of due process.

Those who support this are asking for horrors to be done to them with these granted powers.
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@symbolset Did you even read the bills????? They stunk but had little to do with this. All of us need to read the bills. Read OPEN which while also not perfect is not at all an assault on Internet freedon
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@rheiblim

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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Lerianis10 31st Jan I'm for A Resounding No
@rheiblim...

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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
The Linux Geek 30th Jan I'm for A Resounding No
@symbolset
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'.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
lehnerus2000 30th Jan I'm for A Resounding No
@The Linux Geek
Ironically their products would be much cheaper, if they didn't waste millions of man-hours and dollars on DRM.
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Can we sustain freedom while being regulated?
MasterBeef Updated - 30th Jan I'm for Decidedly Yes
People have committed crimes for hundreds if not thousands of years so should we stop policing the matter now? Just because the Internet was designed to connect people around the globe and support freedom of expression doesn't mean there shouldn't be any control. Everything needs to be regulated because some humans need to be contained.

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?
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
hiraghm@... 30th Jan I'm for A Resounding No
@MasterBeef - Should you be allowed to make a copy of a book or magazine? Should you be allowed to lend a copy to a friend? Should you be allowed to make a copy for a friend? Should you be allowed to offer a copy in coffeeshops or bookstores?

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.
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The devil is in the details
lars626 30th Jan I'm for A Resounding No
I don't have a problem with fighting piracy.
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.
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@lars626 : Congrats on a clear, concise and logical post. You managed to wrap up a lot of details in a few words.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
deadly_dodo@... Updated - 30th Jan I'm for A Resounding No
Roflcake.

And I thought us westerners had grown completely apathetic! Apparently not when it comes to our main source of procrastination.

I enjoy the irony.
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Mickey Mouse debating points.
Telexer 30th Jan I'm for A Resounding No
The arguments FOR SOPA/PITA are just Mickey Mouse debating points. Oh geez, I used a Disney trademark without paying them. Better take down ZDNet now -- Hey that's what the law wants to accomplish. Well that and suppressing free speech on inconvenient blogs and discussion forums.
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The best way to fight pirates
rbethell 30th Jan I'm for A Resounding No
is to arrest them for piracy. Not destroy the Internet.

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.
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@rbethell
Well said. The proposed solutions target everyone except the real offenders.
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The megaupload case worked because New Zealand is friendly
baggins_z 30th Jan I'm for Decidedly Yes
to the United States and cooperated with them. If Megaupload were located in Venezuela, what do you think would have happened?
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
SoupSandwich 30th Jan I'm for A Resounding No
The movie industry is going through what the music industry faced several years ago with Napster. How did the music industry get through it? It wasn't because of Lars and fighting back with laws and arrests. The industry changed by offering quick, cheap and convenient music downloads. Most people today would rather buy a song from itunes than pirate it. The movie industry has to realize that buying a digital download for $30+ is absurd. Move their prices to $3-4 for a digital rental $7-$10 to digital download, make it convenient and any lost profits from the price decrease will be made up through the sheer quantity of purchases. I also don't think the movie industry gets a lot of sympathy on this issue when you look at the enormous amounts of cash they bring in and the stupid salaries that actors/actresses make. Besides, one thing that is proven on the Internet is that there is a way around anything so these laws and policies won't have an affect for very long.
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The thing is, if companies (mostly advertizing company) have access to web pages I am browsing, and they are invading my privacy (on my monitor) with me asking them, and no one interfering with them, I too want to go online without no one interfering with me.
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)
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track, trace, control, censor, eliminate "wrong-thinking"
pgit 30th Jan I'm for A Resounding No
Wrong-thinking being anything that the power elites wish to extinguish. Even facts, eg history, can be and are routinely flushed down the memory hole. This legislation, and much else like it in different areas of your lives (think TSA on every street, co ming soon) is purely for the total identification and domination of the entire human race.

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 +)
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Obviously, new laws are unnecessary.
PepperdotNet 30th Jan I'm for A Resounding No
Just look at MegaUpload. Without SOPA/PIPA, the authorities were still able to use (abuse?) existing law to get the job done.

Any changes should be in the direction of freedom, not tyranny.
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Sigh. Megaupload worked because the government of New Zealand
baggins_z 30th Jan I'm for Decidedly Yes
cooperated with the United States. What if Megaupload had been located in Venezuela?
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Michael Alan Goff 30th Jan I'm for A Resounding No
@baggins_z

They wouldn't have been able to shut down a legal company without a trial.

Yeah, that's terrible.
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Don't we have enough copyright infringement laws? Do we really need laws that will take down an entire website over one piece of allegedly infringing content, and tough luck to the rest of the content?
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As in everything, piracy only leads to less creation and higher prices for legal content, and even to unavailability of content in certain markets in which there isn't enough demand to cover the costs of providing some contents (I'm thinking about books and movies in some Latin American countries, like Peru, where I live). I have to pay higher prices for the content I want because there are people who sell massive quantities of original-quality DVDs (no blurry image, no shadow head crossing before the screen) for around US$ 1.

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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
bert.knabe@... 2nd Feb I'm for A Resounding No
@cherry_lyptus

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.
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'Pirates' vs 'Hijackers'
FlashFromTheFuture 30th Jan I'm for A Resounding No
The Copyright laws were 'broken' when Copyright material hoarders gamed the legal system to allow them to stop releasing Copyright material into the public domain. Historically, Copyright was granted to material for a limited time in exchange for its eventual release into the public domain. There has been no release of any American Copyright material into the public domain for years. None, not a bit. And none is scheduled to be released until 2019. And, maybe nothing after 2019, if the Copyright 'Hijackers' push release dates out with future legislative changes.

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.
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Enough with the conspiracy theories that these laws are being designed to eliminate democracy or some such. People need to put down the Ron Paul pipe. Enough with the - outdated business model, costs too high, etc. We can now download games via Steam and others, books via Amazon, B&N and others (for less money), music, tv and movies via Amazon, Apple and others. Piracy still exists. How many people do you know who have a *legal* copy of Photoshop? And no, the piracy isn't Adobe's "fault". Concessions are going to have to be made somewhere. The content providers *did* change but piracy hasn't stopped. Now it's time for the consumers to give a little too. Being blocked from a file-sharing site is no different than a police car at the top of the street stopping anyone who seems to be heading to the local crack house. Instead of blaming DMCA for piracy, blame piracy for DMCA. Less piracy and less extreme measures accepted by consumers means less need for tougher measures.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
piousmonk 30th Jan I'm for A Resounding No
The 2 are not mutually exclusive unless you have a very broad definition of "Internet freedom" and or "piracy". Should someone be able to download every top 40 song for free from Rapidshare? No. Should YouTube be taken offline because I posted a 45 second clip of my 2 year old dancing because the latest #1 song appeared in the background? No. We need reasonable laws and enforcement, not some MPAA/RIAA wet dream that destroys the concept of due process and puts incredible power in the hands of the accuser, not to mention the ISPs who become the de facto piracy cops. Given many of the ISPs are also providing television services, who do you think they're going to side with under SOPA/PIPA?
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Pete "athynz" Athens 30th Jan I'm for A Resounding No
Piracy is something that needs to be stopped - there is no debate about that. The means to stop piracy is not going to be accomplished by punishing the innocent - which is what would happen with the proposals the politicians that the RIAA and MPAA purchased. This is not even putting an band aid on it, this is like rubbing raw sewage into a wound. The root cause needs to be ferreted out. Regulations like SOPA and PIPA would simply bypass the judicial system and essentially put the internet in the hands of the RIAA and MPAA - is this something you want? I for one surely do not.
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The poll should be...
hideki.yamamoto 30th Jan I'm for A Resounding No
The question should be wether we should ditch the copyright system for good, in order to protect the general freedom and freedom of information, now that the system is clearly showing it's maximum limits.
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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
madams74@... 30th Jan I'm for A Resounding No
Low Prices / High Volume = Money ( Example: Netflix, $5.00 Footlong Subway, Dollar Menu at Mcdonalds )

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.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
kfortner51 30th Jan I'm for A Resounding No
For starters, No one in the industry is losing sales because of file sharing, what they are gaining in file sharing is "Market share", these people otherwise would not be purchasing it to begin with. The ones least hurt by music sharing is the artists, if you've seen the statistics, their piece of the pie is more like a morsel compared to the "Industry".

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.
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@kfortner51 It's a completely unsupported and illogical notion to claim that no one is pirating anything that they would have bought if the piracy option wasn't available.
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Your response falls into the same bucket
rhonin 2nd Feb I'm for A Resounding No
@jgm@...

This has been beat to death in the past - the majority of pirates had no intention of buying the downloaded file(s).
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Sceptical Observer Updated - 30th Jan I'm for A Resounding No
Giving up a "little" freedom on the internet is like being a "little" bit pregnant. There is no such critter.
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.
@Sceptical Observer That is decidedly un-American.

Perhaps it is compared to what the founding fathers envisioned... Unfortunately, it is decidedly American these days.
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RE: Should any Internet freedom ever be sacrificed to fight piracy?
Sceptical Observer Updated - 31st Jan I'm Undecided
@Badgered
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!
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No to Censorship
shoaib.t@... 29th Feb I'm Undecided
Internet Freedom should not be sacrificed for the sake of combating piracy. That is just a poor excuse to curb freedom of speech. Perhaps all these big corporations should not be so greedy and come up with more reasonably priced products so people can buy them instead of curbing them.

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Comments from the floor

  • No to Censorship
    Internet Freedom should not be sacrificed for the sake of combating piracy. That is just a poor excuse to curb freedom of speech. Perhaps all these big corporations should not be so greedy and come up with more reasonably priced products so people can buy them instead of curbing them.
    shoaib.t@... 29th Feb
    I'm for A Resounding No
  • RE: Should any Internet freedom ever be sacrificed to fight piracy?
    I'm with Zack on this one. The market's changing, whatever we do on this issue, and the industry needs to adapt. That's what healthy industries do anyway is adapt to changing markets. Legislation can't change the fact that the business model is shifting, unless you want to emulate Cuba's and North Korea's approach to it. We've always had some piracy, even pre-Internet; it's not new, just more common than before. If companies continue to make legitimate purchase more troublesome, then like it or not they're encouraging piracy themselves.
    LeonBA 16th Feb
    I'm for A Resounding No
  • charlieb87 2nd Feb
    I'm for A Resounding No
  • RE: Should any Internet freedom ever be sacrificed to fight piracy?
    @Willie, he made a generalized statement at the end of his piece. He said;

    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!
    ScorpioBlue 2nd Feb
    I'm for A Resounding No
  • RE: Should any Internet freedom ever be sacrificed to fight piracy?
    @cherry_lyptus

    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.
    bert.knabe@... 2nd Feb
    I'm for A Resounding No

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