Pirating Software

[akm3]

Well, I've gotten one of those cease and desist letters. Actually, it came because I downloaded an older movie from the 1970s. I was an infrequent downloader and thus surprised by the letter. My ISP sent a warning notice with the RIAA statement saying that they did not send out any info to the RIAA, but if the letters from the RIAA continued they would comply if they felt their was enough reason. At that point, I cut off most of my pirate-y activities.

I don't think buying the movie really helps, unless your friend knows how to create the file from DVD to his computer and what software.

If they do press charges, I've heard settlements are somewhere between $2000-$8000, and I remember less than a year ago (I believe) a woman who did not settle was found guilty and had to pay a ridiculous amount of money.

This doesn't make sense. The RIAA is the music people, MPAA is the movie people. Perhaps your ISP was just joshing you to get you to use less bandwidth

Buying the DVD post downloading doesn't remove the fact that your committed copyright infringement.

You can only makes (and the MPAA and RIAA don't want you to be able to) digital copies of DVDs you own. You cannot download anything.

Technically you can't even do that, with the DMCA. You have fair rights to do it, but actually DOING it involves breaking the copy protection which is illegal. Lovely catch 22 and a way to eviscerate 'fair use'.

 

[kurzz]

Canada is just a more politically liberal country in general, in line with Europe, as compared to the U.S. As such, we also pay more tax, including a recording industry levy (or tax) on blank media to cover "potential losses" for the music industry due to piracy, again just like the EU. If the recording industry were to be as heavy-handed in Canada as in the U.S. most people would cry foul due to this "levy".

 

[nomad01]

Is streaming piracy?

Isn't viewing anything you haven't bought or paid for in some way piracy? He's watching TV series that he'd have to pay to watch on iTunes, Amazon etc without paying a penny.

Is that right?

 

[DesignerOnMac]

Movies, Music, etc...are copyrighted

Hi guys I have a couple questions for all the people who live in the United States and pirate or know people who pirate software. In Canada we do it all the time and our internet providers do not report us to the companies nor track the type of things we download (at least to my knowledge). Now I have a friend in the united States who downloaded a the movie The Matrix (or some other sci-fi movie i cant recall exactly) and was promptly sent a letter threatening of a potential law suit. He read the user license agreement and discovered that he can not be sued if he owns a copy of the movie so he went out and bought one. My question being, how often does this happen, how often do people get sued, and what are the penalties for this, as i find it shocking that the companies/government would go so far over a couple programs or movies. Any responses appreciated.

Do you think it is okay to steal someone else's property? Steal so they do not get paid for their time, money invested? I run into this all the time! As a graphic designer, I find if offensive if some steals my artwork, my ideas, my hard work!

So yes, the movie companies, the music companies have a right to go after anyone who steals their stuff! We seem to be living in societies now where this is okay to do! Don't know where or how people got this idea that it was okay!

 

[bsolomonny]

Isn't viewing anything you haven't bought or paid for in some way piracy? He's watching TV series that he'd have to pay to watch on iTunes, Amazon etc without paying a penny.

Is that right?

I am not a lawyer but....
Can viewing something be illegal in America? I can somewhat understand downloading. I better understand sharing being illegal, especially if it makes a profit. But streaming? Not posting the media just viewing it. Just because someone charges for it and you view does not make it stealing. They charge for e-copies of Shakespeare, but in fact they do not own the rights to his work. Nobody does anymore it is free. I think the host of the stream maybe liable but the viewer i am not sure.

 

[PlaceofDis]

Isn't viewing anything you haven't bought or paid for in some way piracy? He's watching TV series that he'd have to pay to watch on iTunes, Amazon etc without paying a penny.

Is that right?

depends on who is streaming the content. if its paid for via ad revenue and the person has permission from the studio's etc that it could be legit. depends on the service.

 

[Consultant]

This doesn't make sense. The RIAA is the music people, MPAA is the movie people. Perhaps your ISP was just joshing you to get you to use less bandwidth

Good call.

Epic fail: Someone who works for RIAA who doesn't even understand what the RIAA's failing missing is.

 

[nomad01]

depends on who is streaming the content. if its paid for via ad revenue and the person has permission from the studio's etc that it could be legit. depends on the service.

Well, bear in mind I'm in the UK. He's watching episodes of Lost, Supernatural, How I Met Your Mother and more that haven't even been released on UK iTunes movie store let alone shown on TV so I'm betting they're not especially legal.

Legit sites like http://www.hulu.com/ don't even allow access to UK viewers.

I am not a lawyer but....
Can viewing something be illegal in America? I can somewhat understand downloading. I better understand sharing being illegal, especially if it makes a profit. But streaming? Not posting the media just viewing it. Just because someone charges for it and you view does not make it stealing. They charge for e-copies of Shakespeare, but in fact they do not own the rights to his work. Nobody does anymore it is free. I think the host of the stream maybe liable but the viewer i am not sure.

I'm not a lawyer either but if it's licensed to be shown in the US and somebody in the UK is viewing it, I'd guess it's not especially legal.

As for streaming, I may not be downloading it to store on my computer but by streaming it, surely I'm still transferring the data to my computer for my viewing even if its only for the period of the stream?

 

[CPOStudios]

I would just like to point out a flaw in someone's argument along these lines:

"couple movies seems like no harm, but multiply it by millions/billions, much greater loss"

Hypothetical example:
I personally don't buy films, I watch them at the theater every now and then or I mooch off my friends. If I started pirating, the filmmakers and distributors wouldn't be losing a customer because I would have never purchased said film in the first place. I'm not saying this justifies piracy, but I just hate that argument against piracy. Most people just don't buy stuff. Films make more than ever at the box office and still do fine on DVD release. Most pirates are the people who would have never payed anyways. It's one of the reasons I hate digital copyright stuff. Say I wanted to lend my friend a film like I can with the few DVDs I own: I legally can't do that with digital media, even if he were to "return"/delete it after he is done. I know the reasons for these laws, but I really just hate our/most countries' copyright laws.

 

[drewsof07]

Films make more than ever at the box office and still do fine on DVD release.

There are lots of investors the producers, etc have to pay back for donating to their film. After that, you have all the production team, cast, extras, location rental, dvd production cost, and everything else to pay. If you think about it, all those costs add up. Just something to think about, those studios aren't just pocketing that $20mil. I think things are headed in the right direction with digital copies being offered now by the studios. My problems are: #1) I think $20 is way too much to pay for a new release DVD, and #2 How inconvenient is it to have to drive to wal-mart or the rental place when you get the urge to watch "An Inconvenient Truth"? haha

 

[LethalWolfe]

Films make more than ever at the box office and still do fine on DVD release.

Most films don't turn a profit, theatrical distribution is largely a loss leader, DVD sales have already peaked and are receding, BR sales aren't exactly gang busters, and the average cost of a Hollywood feature is over $100 million (not including marketing which can easily be as high as the movie's budget).

Just sayin'.


Lethal

 

[Jack Flash]

Do you think it is okay to steal someone else's property? Steal so they do not get paid for their time, money invested? I run into this all the time! As a graphic designer, I find if offensive if some steals my artwork, my ideas, my hard work!

So yes, the movie companies, the music companies have a right to go after anyone who steals their stuff! We seem to be living in societies now where this is okay to do! Don't know where or how people got this idea that it was okay!

It's not stealing, it's copyright infringement.

 

[zap2]

It's not stealing, it's copyright infringement.

If you need it, you would have bought it. IE, they loses a sale, and in that sense its stealing.


The people making it, lose out on a sale. Go open source, or pay for it!

 

[CPOStudios]

I suppose you are right there, but I am going to stand by my other point (about to argue it below):

If you need it, you would have bought it. IE, they loses a sale, and in that sense its stealing.


The people making it, lose out on a sale. Go open source, or pay for it!

No one "needs" entertainment, and it's always possible to get it for free (legally) by watching it at a friends house, for example. Again, they aren't losing a sale if you never would have bought it.

I too am against calling it stealing. Digital pirates are simply taking a copy illegally, or breaking copyright laws. No one had it in the first place.

The "lose out on a sale" argument is very situational and only works for a number of people. I say it works best when talking about useful software. If someone need software to do a task, they will pirate it or buy it. Say a graphic designer needs Photoshop to compete with other graphic designers and make money. If he pirates Photoshop, Adobe really just lost a sale because he probably would have payed for it if piracy never existed.

Some people just don't pay for entertainment, and if they do it's usually indirectly (cable TV, for example). You can call it stealing if you are talking about someone who admittedly would have payed for it, but digital piracy in general isn't stealing in my opinion.

 

[drewsof07]

Wasn't there a controversy in the 80's about VHS recorders and people taping things on television? Wasn't old enough to remember or care, but I've heard my fam talk about it. I see piracy as sort of the same thing, you are taking something you have for a set period of time (i.e. DVD rental) and making a copy to allow you to watch whenever you'd like. Netflix/Blockbuster have really taken off in the last couple years with their "no due dates" and networks offering their shows streaming for free, which are steps in the right direction. Anybody know if there's any truth to the VHS thing? If so, how does it apply to today's growing # of DVR owners. I know on occasion if I missed an episode of House MD, I will look for a copy on my fav torrent site instead of waiting for buffering on the web.

 

[Sun Baked]

Sort of makes you want to order a cracked Dish Network card when you don't even own the system.

And wait for them to contact you about cable/dish piracy ...

All I know is it is legal to do that as long as you don't own the darn system, since they cannot prove you ever used the cracked card.

 

[drewsof07]

Sort of makes you want to order a cracked Dish Network card when you don't even own the system.

And wait for them to contact you about cable/dish piracy ...

All I know is it is legal to do that as long as you don't own the darn system, since they cannot prove you ever used the cracked card.

right bc you lease the equip from them. don't think i'd risk paying $$$ out my butt or go to jail, just to watch House in HD haha

 

[Sun Baked]

right bc you lease the equip from them. don't think i'd risk paying $$$ out my butt or go to jail, just to watch House in HD haha

Somebody will do it to stab the guys in the eye ... if you don't have the dish equipment (and never have) there isn't any risk.

Can't wait for the RIAA to sue somebody that doesn't own a computer, or have an internet connection.

 

[LethalWolfe]

Wasn't there a controversy in the 80's about VHS recorders and people taping things on television? Wasn't old enough to remember or care, but I've heard my fam talk about it. I see piracy as sort of the same thing, you are taking something you have for a set period of time (i.e. DVD rental) and making a copy to allow you to watch whenever you'd like. Netflix/Blockbuster have really taken off in the last couple years with their "no due dates" and networks offering their shows streaming for free, which are steps in the right direction. Anybody know if there's any truth to the VHS thing? If so, how does it apply to today's growing # of DVR owners. I know on occasion if I missed an episode of House MD, I will look for a copy on my fav torrent site instead of waiting for buffering on the web.

In the "Betamax case" in the 80's the courts ruled that people are allowed to "time shift" TV programs (record them for later home viewing only) and court rulings pertaining to the Audio Home Recording Act gave consumers the legal ability to to "space shift" content they own (ex. copy a CD onto an MP3 player, copy a DVD onto a VHS tape, etc.,.) for their personal use. The DMCA made it illegal to break, circumnavigate, reverse-engineer, etc., any sort of copy protection so even though consumers have a right to make a copy of a DVD they own for personal use they do not have the right to break the DVD's copy protection in order to make the copy. So far the courts have ruled in favor of the DMCA and against the precedent set-forth by the "Betamax case".

Piracy is nothing like time shifting or space shifting as piracy involves unlawful distribution of copyrighted material.


Lethal

 

[smacky!]

long live...

...the EFF.

 

[wako]

My question being, how often does this happen, how often do people get sued, and what are the penalties for this, as i find it shocking that the companies/government would go so far over a couple programs or movies. Any responses appreciated.

So I guess since nobody is going to ask this, I guess I will...



ARE YOU SERIOUS?! Were you just recently born? Im not trying to be mean but have you gotten lost in the canadian wilderness for the past 10 years and forced to live in the cave? I mean this has been on the news again and again, especially on the internet.

I am truely at a total loss of how you did not hear of this. Especially with the whole Napster case. There were freakin protests that was Pro-Napster for god sake. Even though it happened in the US, I know Canadians hear about US politics and news all the time there. Even if they dont, you said you are an american citizen and you lived in the US before....

total loss here...

 

[Chedam]

Ok, I'm not going to comment on any of the above:

I occasionally pirate a song / movie. Every song or movie that I have downloaded so far I have purchased.

Except the songs I can't get on the iTunes Store.

My only exception is Season 4 of Doctor Who, which isn't anywhere near NZ yet. They're still playing it in the UK.

But, when it becomes available, I will be buying the DVDs.

My point is, there are many people who download these songs and live with the crap quality. But some of us prefer to sample the song to see whether it's worth paying $1.79 for. And if it isn't, then I delete it.

I just hope I don't end up in the dirt for grabbing a song on the wrong occasion : P

 

[iMpathetic]

Know what? I'll download the odd song, and I catch a lot o flak about it, but I don't care.

The only songs I pirate (off MP3 blogs) are ones where the artist is already filthy stinkin' rich.

 

[krye]

I don't download anything anymore. I used to download software and music just to try before I buy. Most of the time I would end up buying it because I like the "real thing".

But now I don't. A year ago I downloaded a game to try it out. It sat in the list for 3 days half complete. I said screw it and deleted it. A month later I got a letter from the cable company saying that they believe I have been participating in peer to peer network activity and shared the game "insert game title here" and legal action will be taken by the copyright holder if the activity continued. I can't believe they actually listed the file name!

Needless to say, I crapped myself. From that point forward I have never downloaded anything. And I won't ever again. I deleted every byte that I ever download. I have gone clean. My new motto is, if it isn't good enough for me to pay for it, it isn't worth owning. No more "nice to haves".

 

[zap2]

Big fan of OpenSource, so there is little reason to buy software for me.

FireFox is better then anything to date(plus most browsers are free)
Ubuntu tops Vista, IMO
I'll take OpenOffice over MS Word
I don't really use PS, but I have Gimp if I need to.


I'll buy iLife and iWork, and new OS X, but thats it.