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networker050184 wrote: » I agree with what you are saying about the nonphysical aspect, but the common person not totally understanding law is not something new with the information age. I'd even venture to say that MORE people understand that pirating is wrong then before the spread of the internet. Ignorance is not a valid defense IMO. Just for clarification, I understand you are not trying to defend pirating.
RobertKaucher wrote: » This is not a case of ignorance. Everyone knows that it is illegal. I believe it is more in line with a defense of diminished responsability. What I am suggesting is that since current societal norms have "file sharing" as a moral grey area (although I personally believe it is theft) we need to consider this in sentencing and we need to have better programs that show it for what it is. It makes no difference to a 15 year old that a 45 year-old CEO in a suit preaches about the ills of file sharing. And no one can argue society does not consider it a moral grey area. It is going on in the homes of 99.9% of all families with kids between the ages of 13 and up. And I would argue about the same percentage in the homes of those who participate in this forum. If parents actually believed it was morally wrong, they would stop it to the best of their abilities. Look at the name "file sharing." How could there be anything wrong with sharing? The way I see it, fine a middle class, single mother $20,000 when she doesn't even make twice that in a year for sharing a few songs and you are going to make a good chunck of the public hate you. It's no way to push the change in people's minds that is needed. My concern is that the punishment does not really fit the crime. Not that people are ignorant of the illegality of what they are doing. Not all that long ago it was normal to smoke in your office and have a few drinks on a work related lunch. That's not ok any more. We made that change and made it quickly. We'll make this one.
Paul Boz wrote: » The ridiculousness of the penalty has a lot to do with the fact that its punishing one form of theft in a different way than we punish other forms of theft. If you break into a best buy and steal $1,000 worth of DVDs the MPAA isn't going to come after you because Best Buy already paid for them. You'll probably go to jail and face a fine, but the fine will be peanuts compared to the MPAA private law suit. The problem is that we allow one form of theft to be treated differently so I can certainly see the gray area.
networker050184 wrote: » Have I downloaded a song before? Sure, but I wasn't stupid enough to think that there wouldn't be consequences if I were caught. ...all I have to say is don't do the crime if you can't pay the time. That single mother knowingly violated someones copyright. Should she not have to pay up for that just because she has a horrible job making peanuts? Sorry, not in my eyes. Justice is blind (at least its supposed to be).
Devilsbane wrote: » I believe that your opinion would be completely different had you been caught. It wouldn't just be an oh well, I downloaded music, heres my life's savings, and have a great day! EDIT: You violated the same law in the same manner, so if you believe that the punishment is just, then feel free to write out a check and stick it in the mail today.
Paul Boz wrote: » This is why you get grown adults pirating anything and everything they can. They would under normal circumstances never consider actually stealing physical media (ala going into Barns & Noble and stealing thousands of dollars of books).
DevilWAH wrote: » No you can't, read the message that apears when you play a DVD.http://blogs.nitobi.com/dave/wp-content/uploads/2006/09/copyright.gif Note it includes no unauthorised Lending. Ok that is UK and Island for 20th century Fox but it is the same on most DVD's and the same applies for CD's. The companies sell them to an individual, but they still own the rights to what you can do with that copy.
DevilWAH wrote: » You are not allows to sell DVD's or CD either... The fact the industry turns a blind eye to people selling DVD/CD's on places like Ebay is because they chooses to. But no one has a right to do it.
networker050184 wrote: » I said don't do the crime if you can't do the time I never said anyone who has ever done anything wrong should just go turn themselves in. Now you are just twisting words. People take chances every day. I speed in my car, but I know if I get caught I have to pay. Speeding fines are justified to me. That doesn't mean every time I see a cop I let them know to write me a ticket because I was speeding earlier. I'm not naive enough to think that there are not consequences for my actions.
networker050184 wrote: » I'm sorry I just can't agree with the "just because everyone is doing it it can't be wrong" approach. Yes, a lot of people do it, but that in no way justifies or lessens the degree of "wrongness" in my eyes. Have I downloaded a song before? Sure, but I wasn't stupid enough to think that there wouldn't be consequences if I were caught. From your argument the same can be said of speeding. Everyone does it right? And on the single mother point, all I have to say is don't do the crime if you can't pay the time. That single mother knowingly violated someones copyright. Should she not have to pay up for that just because she has a horrible job making peanuts? Sorry, not in my eyes. Justice is blind (at least its supposed to be).
Devilsbane wrote: » I bought GTA4 a few months back. Took me 45 minutes to actually start playing the game because I had to create numerous online accounts and then open the email they sent to verify my address ect. What if I wouldn't have had internet access? ....
tiersten wrote: » Yes you can. The lending that is mentioned in there is public lending as in lending to general members of the public i.e. you can't start a company that just lends out copies of the latest films to anybody that asks. Personal lending is legal and has been for a long time.
DevilWAH wrote: » OK how about this one. Especially for the networky people on this board? Who has used a CISCO IOS in something like GNS3, that they do not have a purchased licence for? Or how about a copy of windows on a test network that is not licences? How many people studying IT can honestly say they haven't used copied software/IOS's?
Plantwiz wrote: » Why would someone do this? There are many ways to obtain legal copies for the purposes of testing that it doesn't make sense to me to risk my career and business over a $100-$3000 worth of software.
Silentsoul wrote: » It all comes back to this YouTube - Don't Copy That Floppy (Official Video - Digitally Remastered)
DevilWAH wrote: » Yes and by that argument I know hundreds of people on face book, there all my friends so I can lean out all my music to them and they can lend it all to me. At what point does it change from personal to comerical?
DevilWAH wrote: » But you are correct that there is the First-sale clause on copyrightsFirst-sale doctrine - Wikipedia, the free encyclopedia which in many cases does mean you can do as you wish with the original copy, as long as you do not copy it.
Plantwiz wrote: » You probably wouldn't have played the game in the first place It's a pretty good stretch to think that gamers don't have Internet these days with so many games tied to Net for teams, codes, etc.. Now, if you stated you were playing Atari 2600 or such ... then, creating online accounts would be silly
DevilWAH wrote: » Yes and by that argument I know hundreds of people on face book, there all my friends so I can lean out all my music to them and they can lend it all to me. At what point does it change from personal to comerical? But you are correct that there is the First-sale clause on copyrightsFirst-sale doctrine - Wikipedia, the free encyclopedia which in many cases does mean you can do as you wish with the original copy, as long as you do not copy it.
Devilsbane wrote: » I never used the online content of the game, and don't play anymore. Since it was on my laptop, there were plenty of times I played without internet. With this particular game, it only required online for the initial installation. My biggest complaint about CBT nuggets, is that their videos are almost too protected to even use. Every couple days I have to re-login to access, and occasionally it does occur that I don't have internet at that moment. Also, I can't stick them on my phone, even though my palm pre can play like any other video. Think how much Microsoft pays each year for all of their activation. Whether it be the initial programming, or even the wonderful phone support that you get to talk to when your key isn't working. And yet, how many people do you know that have pirated a copy of it?
DevilWAH wrote: » Apart from the obvious way of purchasing a copy of an IOS how would you go about getting a copy for LAB use? When speaking to a local cisco representative I was told "as long as you only use the IOS for lab and testing then we wont do anything"
In the case of something like Windows Server, the EUL states, "SOFTWARE TRANSFER—Internal transfer. You may move the Server Software to a different Server as long as you permanently remove the software from the initial Server. Transfer to Third Party. You may not transfer the Server Software or this EULA to any third party. " So it seems selling or lending in this case is restricted by the Licence agreement.
And CISCO'sCisco Software Transfer and Re-licensing Policy - Cisco Systems "Cisco's current policy is that Software is not transferable without Cisco's prior written consent and payment of any license fee ("License Fee") unless one of the exceptions below in the "Exceptions" section applies. Regardless of whether a License Fee is payable under this Policy, the transferee may be required to pay Service inspection or reinstatement fees in accordance with Cisco policies located here. Following a permitted transfer, the transferor's license to the Software is automatically terminated and the transferee's use of the Software is governed by a new license between Cisco and the transferee. In the absence of Cisco providing different terms to the transferee, such terms shall be the same as applied to the transferor. Cisco may withhold its consent to any transfer not conforming to this Policy."
Last time you purchased a router on Ebay did you check it out and get consent from CISCO, and pay a new licence fee?
But both EUL agreements show that you can't simple sell or give away copies and that the licence is non-transferable?
I also think for some one like me that works for a large company who have access to ligite copyies its great, but for people wanting to learn at home, maybe still at school/collage. Obtaining "leagel" copies in enough numbers to make up a test lab, soon becomes stupidly expensive and well out side of there reach.
DevilWAH wrote: » My point behind all of this is we have broken the law in one way or another. (i defie any one to prove to me other wise). .....
Devilsbane wrote: » ....And yet, how many people do you know that have pirated a copy of it?
Plantwiz wrote: » Careful there! That is a mighty big blanket statement. I suspect you cannot PROVE that 'all' people Steal digital media as you suspect. I have receipts for my software and have legal only used legal copies in my lab. I contend that there are ways to obtain legal copies of software and equipment for ones personal training...and even training in a business environment. It is possible to have legal software AND legal licensed equipment...or use OpenSource if one doesn't desire to subscribe to the paying model. FWIW
Devilsbane wrote: » So what if you hadn't been lucky and had been sued? I don't believe I am twisting words. You said To me this says that if you had been slapped with a massive fine, that you would just pay it off and feel that it is justified. I don't believe that this is the case. Paying off a $100 speeding ticket for going a little too fast, not a big deal. I can write that off as a "speeding tax" too. Paying thousands of dollars for a song you could buy for $1 or a movie that you could buy for $20 is a different story. Maybe I'm wrong, I don't personally know you, but I don't think that anyone who got faced with a penalty like that would just walk it off. (Unless you're Bill Gates and the fine comes out to about 2 hours or work) Just looked up what your fine potentially should have been (and still could be). Maximum penalty $150,000 per song. Guess how much the RIAA tries to get. Target of RIAA lawsuit says music piracy case has been an ordeal - Computerworld
DevilWAH wrote: » I was not talking digital media, but the "law" in total, speeding, spiting in the street... etc. etc. And while I agree it is possible to live a completly law abiding life, it is actuly very dificult unless you sopend a lot of time reserching exactly what the law is.. .....
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