“Piracy”: Spinning the desired definition
p2pnet view P2P | Freedom | Entertainment | Music | Politics:- The commonality of all directives from the MAFIAA seems to follow a trend. Attack everyone that cannot defend themselves, to ensure that no legal precedent is set that would impede the status quo – ergo, “fuck the consumer”. Seize specific domains that the MAFIAA feels will not dispute the constitutionality of the seizure, or that lack the financial or social backing that would impede future seizures. Basically, low hanging fruit. Even low hanging fruit have allies, similar to the IsoHUNT case. It is more cost-efficient to go after Mr. Fung than Mr. Schmidt.
Even still, this is based on the flawed premise that ”making available” is some new infringement of copyright. The target selection for domain seizures can be empirically validated by the actual list of domains seized. This is the cost-efficient manner in which these dinosaurs are plundering arts, culture, privacy and freedom of speech. Extending copyright, retroactively expanding copyright, influencing copyright legislation and in some cases, simply writing the law for them.
See: New Zealand, Canada, Ireland, United Kingdom, France, Sweden, India, Spain and Australia.
Doesn’t that bother you? Amerikan corporate plutocracy is telling YOUR government what information you can access, and when, where, and how you can have access to it. Sure, there is infringing material mixed in, but if you think like the MAFIAA, then everything can be used to infringe. Let’s ban the harddrive, it could potentially be used to store copyright infringing material. The very nature of computer hardware is designed to make digital copies, either from scratch, or copied, and copied, and copied, and copied. The very essence of the digital age is distribution of knowledge in the form of text, voice, music and video.
Attempts to make “streaming”, as they are trying to define actual downloading, a felony can only be defined as a ridiculous stretch of authority. Firstly, there is no such thing as “streaming”. If you copy 10 files, each 100mb, from one drive to another, and can open the first copied file while the other 9 are being transferred, then that is streaming. This is why they are seizing the domains they are seizing. They cannot make a legal argument that merely linking to infringing material is in itself infringing, this again is “making available” and not an actual infringement. The MAFIAA knows millions and millions of internet users are violating their copyrights, they have no choice but to go after the intermediaries using unlawful means to set a “behavioral” precedent. “If nobody complains, they must be guilty”, is the impression they want. Hence, no adversarial hearings prior to the seizures. How dare anyone have a conflicting opinion on what is and is not infringing that is not in jack-boot lock-step compliance with MAFIAA bullshit! This also enforces the “view” that “streaming” is “making available” is a copyright infringement.
The reason the MAFIAA like their buzz-words is because they can make the leap of faith from streaming to broadcasting, which is a copyright violation. The biggest logic flaw in all of their arguments has been the lack of ability to actually show any proof that something was copied. Sure they can scrape IPs from a bittorrent stream, but have they proven in fact, the entire copyrighted material was even completely transferred? Have they proven the copied file was in fact an exact replication of the original in question? I won’t even bring up forensics and chain of custody when IFPI can simply walk into an ISP in Europe and demand harddrives from another of the ISP customers without due cause or legal backing. This, my comrades, is theft.
Rarely does a judge in the US courts question the validity of proof offered by the MAFIAA in litigation. The old “trust us, it must be happening, it’s just too haaaaaarrrrrdd to actually prove, your honor”. This is why the MAFIAA is going after the intermediaries. To attempt to make a “social” stigma stick, rather than a legal one. 3rd parties are easier to find, can be crushed in litigation, and more importantly, can be eliminated from the pool of competition.
What a great thing that is copyright. A monopolistic suspension of your actual rights for a copy privilege. Copyright is not a right, it is a Constitutional privilege originally designed to protect printers in the 18th century by suspending your inalienable rights for a government granted monopoly. This made sense when it took 1 week to print several books, not including binding and distribution. Today, I can write a book and distribute it the same day with infinite copies. So, if it used to take a long time to create and distribute, which is what I am under the impression the monopoly was created for, then how does extending copyright work? You can make works available faster, cheaper and in infinite supply, therefore copyright should be more restricted not extended. How does that improve the preservation of arts or culture?
Oh, piracy is killing the industry. Oh, we just had another record-breaking year of eye-popping profits, during a recession, war, global unrest and unemployment higher than since the great depression and Truman. It’s all about the grips, and wardrobe, the caterers, van drivers, make-up artists, SAG, SWG and all the other little guys that are losing their jobs because of piracy. You don’t really expect humanity to believe that shit do you? Everyone on that list got paid, you (MAFIAA) paid them, they are either salary and/or commission based, and were paid for whatever video/show/movie they worked. Then you got paid by the market placement in said video/show/movie by the highest bidder. Then you hocked your other crappy movies in unstoppable advertisements on purchased media. You got paid when the show aired on TV in broadcast/syndication/advertisement rights/kickbacks.
Movies used to be rated for 30 days years ago, nowadays movies are compared by “opening day” box office sales. So, after overinflating the price of a movie like Drive Angry with Nicholas Cage to the tune of 40 million usd, opening day was 36 million usd, and I am quite sure you made up the difference of 4 million after another day or so. This is a neat business model. Make a fucking shitty movie, slap a big name on it, give him 20 million for a couple of weeks work, have a local high school do the special effects for you, and bam, you get to pocket, what, 20-50 million? And that is not even counting DVD sales, when that window comes, and then the BluRay window, oh, and I forgot, the mandatory 30-day rental window.
The decision to switch from 30 days to opening day was simple. In the 21st Century, people can get information at the speed of light now. Shitty movies are ousted as shitty much more efficiently than in days of old. Box office sales for shitty movies drop dramatically once the word gets out, so instead of having the top 10 movies over 30 days, which would probably be a listing of movies well over 30 days old, have the top 10 movies opening weekend. Now that makes for a pretty chart. Hollywood’s answer? Fuck em, let’s make all movies shitty, then the chart will look even better. We can bang out a good one like Avatar or The Black Knight with an innovative storyline/script/RtB but only in the summer, when all the kids are out of school and are bugging their parents to take them to the theaters.
With decades and decades of customer abuse under your belts, the DRM, the rootlets, destruction of hackers you should have hired, the release windows, shitty 3D, legal shenanigans, bribes, creative accounting, overpaid CEOs, serious lack of legal alternatives and general assholedness towards consumers, I have to beg the question..
Who is the real pirate?
surfer – p2pnet
Share the wealth
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
World War III will be a global information war with no division between civilian & military participation ~ Marshall McLuhan
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May 25th, 2011 at 12:05 am
no sooner did I finish writing this, and Devil’s Advocate posted it, Mike Masnick at Techdirt posted this incredible gem that villifies my thoughts perfectly.
Why We Haven’t Seen Any Lawsuits Filed Against The Government Over Domain Seizures: Justice Department Stalling
May 25th, 2011 at 6:40 am
LOL nice rant but no proposals, answers or solutions.
You also have a mistake in your language “… after the intermediaries using unlawful means …”. Unlawful should be illegal since MAFIAA is part of business and not Constitutional affairs.
Ceased domains: When someone starts a Case with any agent they should get their name and contact info before starting conversation/communications. Agent has 10 days to reply, 3 days to receive it, 3 to get do work you asked for, 3 days to reply .. with weekend included it’s 10 days. This is the power of a Notice filed with a Notary Public and how all lawful transactions are done.
After 10 days one can file a Notice via Notary Public stating your fee schedule, issues, requests, demands etc. When agent receives this they have 10 days to accept it and negotiate or dispute any parts and get it to you. This starts a Case process. Whoever fails to reply by end of 10 day limit looses in any court.
My fee schedule is 1k per hr and 10 k per incident … although I’ve seen schedules as high as 100k per hr and 1M per incident.
With this knowledge there’s no excuse why ceased domains don’t get an answer unless they have lawyers that are not doing their duty according to their oath. In such a case you slap a fee schedule on those lawyers.
For rest of your rant … what are your remedies that men and women should use or do?
May 25th, 2011 at 10:18 am
From the above article …
” However, nearly all of them expect that it will eventually end up in court (though one suggested that we might all be dead before a case moves forward at this rate). ”
Hence the stalling.
Bureaucracies and Corporate entities are immortal.
We are not.
A lot of us trying so hard to get the word out are older and not in the best of health.
They will simply outlive us unless enough people decide enough is enough.
May 25th, 2011 at 1:06 pm
We will do or justice ourselves since the gov is failing us. This will hurt them more.
It is a lot easier to destroy than to build. Internet is no exception.
ANONYMOUS!
May 25th, 2011 at 1:52 pm
“For rest of your rant … what are your remedies that men and women should use or do?”
you’re not going to like the answer..
consider the playing field. governments are now oligarchies, run by corporations. With a revolving door you get regulatory capture, plain and simple. including the military industrial complex, and if you don’t believe that just research what WTC Bldg 7 was used for, and the incriminating evidence therein. so, you have the entire government in the pockets of who pays the best, running a military that is just as corrupt, war is big business, just ask Haliburton ad naseum.. as for my language, english is not my native tongue.
consider the options when faced with such a leviathan.. I offer no options or remedies, only advice, educate yourself in the ways of the leviathan and optimize your behaviour to abject or circumvent, otherwise you are simply sheeple.
May 25th, 2011 at 5:50 pm
THANK you surfer. and you are mistaken, i LOVE your answer, my sentiments exactly!
if you won’t say what ppl need to know and do -if they wish- then i will. here goes …
for the novice (you have a lot t learn but do continue)
~ ABOVE ALL ensure your privacy with best ways available today .. encryption, Tor, vpn, direct p2p encrypted chats, encrypted operating systems, multiple off site encrypted backups .. ensure your friend’s privacy as well
~ see the animal for what it is .. learn as much as you can about this enemy of all life no matter where you learn it from, put the pieces together til you see the links and how they operate as one big tyranny … against us all
~ decode & back engineer their system to find their flaws, many have done so already in their perspective fields, then pass this on to your trusted friends and discus what you have found no matter how outlandish or tinhat it is. as you learn you will see more of the greater reality oligarchs don’t want you to know and bullshit will tend to be evident
* don’t discard something just because it’s not part of your regular thinking
a good example of this is tragedyandhope.com .. where they have taken wikipedia and crosslinked oligarch organizations, their people, investors and rest of ‘em .. too bad it’s a pay for site. you can do similar with info you find as you go
~ because oligarchs are turning up the heat have backup ways for everything and all you do – internet, food, places to live, etc.
~ learn your unalienable sovereign common law rights – this is a must for everyone wanting to be free in a democracy – no excuses
this will help you loose your fear of them – information is power. it will also protect you when they try to threaten you
~ in today’s society you are the one who controls debt .. not them http://www.youtube.com/watch?v=648XFZgjGqE – part 1of 4
.. notice of understanding and intent and claim of right is your best friend, learn it well – it’s the only thing lawfully and legally they understand / stand under
~ due to above you can pay your essential debts and bills with http://projectarise.com/debtelimprocesses.php – Winston Shrout is the best independent authority on this
~ as stated above – create a fee schedule
~ now you can use time tested ways t battle the enemy – YES they are the enemy when they ruin people and families, work, jobs, land, air and water
.. boycott them – why should you pay them to abuse you?
.. use their system against them – they created the rules so they apply to them .. not you
.. complain, complain and more complain to them about mistreatment etc. .. sings, websites, chats, calls to officials, companies etc.
.. cost them money in lawful ways – use your fee schedule anytime they are in breach of contract, bad sale, you have a complaint or any other abuse against you
.. hold their feet to the fire – every little mistake they make use it against them – they do it to you so why not you to them
.. skip their PR flunkies, sales staff and false managers – go right to the top
~ last but not least – YOU have the right to defend yourself, your family, your home and your land air and water. you also have the right to bear arms to protect them all.
.. if you live outside any city you make your own rules as a sovereign and hopefully as a community, if you so wish. be smart, you don’t want to end up like Waco.
.. your best defense is still your Declaration of Independence, Constitution and bill of Rights. then video with sound, good internet and your local community.
.. be polite – you want to reach that human being inside that uniform – not the trained dog of oligarchs
keep in mind this is an info war for the minds and hearts of everyone
at the same time design a system with your community of the best ideas of all history and all time FROM SCRATCH. keep in mind it has to be good for everyone and every thing for at least a 1000 yrs. put it into practice locally and eventually it will spread.
.. because i’ve not been able to find one, i’ve been thinking of creating a website, blog, chat or cloud where anything goes and no opinion or idea is rejected. best would rise to the top. it would need some sort of direct translation app so all languages could be included and translated on the fly … any ideas?
May 25th, 2011 at 7:48 pm
if you search p2pnet for ‘share the wealth’, you will uncover dozens of articles written by myself that explains how to protect yourself, methodologies for privacy, sharing and anonymity. I believe that net neutrality will be WWIII, World War III will be a global information war with no division between civilian & military participation ~ Marshall McLuhan. there is a current ebb in the tide being pursued by Anonymous and the tide is turning.
LOIC is only designed to give the gov something to do, Anonymous has a much deeper purpose and much more powerful tools, thanks to government contracts. the tide goes both ways and the gov is not the only one that has access to Carnivore/Eschelon/ZeuS level tools.
>:-)
May 26th, 2011 at 12:34 am
didn’t i just say that with “keep in mind this is an info war for the minds and hearts of everyone”?
and didn’t i go much further?
info war is one thing, but the survival and prosperity of everyone and life on this planet depends on making present system lame to paraplegic , preparing the populace for events to come and after that … fighting real ww3. this will be a fast one shot global event to depose aaall tyrants and abusers in one swoop
oligarchs have run out of ideas on how to fool ppl so only one they have left is the alien attack card .. watch for it. you see it come up, run for the hills or hope you built an ark … this will be the sign for start of a global nuclear exchange. if/when this happens resulting events will be: volcanoes will pop like popcorn on a hot skillet, massive aftershocks, waves that will wash over most of planet
OR historical records are correct and some sort of body will pass close to earth depositing an asteroid or few … with similar above results
we know NASA has not been all too truthful in this area. they shouldn’t have tried to fudge pics, videos and left /dirs open. sniker sniker
that’s old news anyway. let’s talk news:
.. with earth’s frequency speeding up more newborns are becoming telepathic, no need for net
.. brains are functioning much better with both lobes interacting in unison
.. since we could only see small part of EM other parts are now becoming apparent
.. CCTV and night vision cameras are allowing us to see more with interesting results
.. quantum physics is being pushed much further
.. tech is speeding up exponentially
.. more are dreaming in color and while awake
and so on
May 26th, 2011 at 9:48 am
In my search for sourcing what surfer and RW are talking about I ran across this preacher taking about the money system http://www.youtube.com/watch?v=30-WtZTH06o (1 of 5)
- it’s actually quite funny while being seriously informative. NO I’m not religious
Take a look at the sheeple in audience whom didn’t know in 2003 what bankers are up to. I learned a couple of things which I didn’t know and I’m an accountant.
Did a background check and found MAFIAA is run by same people who own the Federal Reserve, that’s owned by a small number of investors and Rothschild bankers. IMF, WTO, World Bank, EU, Israel, Saudi Arabia, Japan and all central banks that are tied into IMF get their marching orders from … wait for it … Rothschild family. Rockefellers, Morgans, Irvins and most richest families also answer to Rothschild family.
By this time rest of the office got into it. We spent rest of the working day on this.
Some independent entities not under Rothschild control are: the Queen of England and related Privy Council, Vatican, China, Mongolia, North Korea, Venezuela and a few minor players. They own approximately 30% of this planet. Directly or indirectly Rothschild family owns about 50% of this planet. Rest is still owned by individuals, tribes and other small entities.
A real eye opener.
May 28th, 2011 at 2:48 am
Here’s a clip I found, it’s old but it’s funny… “replying on royalties like unemployment insurance”
http://www.youtube.com/watch?v=ZQLhOXlGnRE&feature=related
July 13th, 2011 at 7:05 pm
if you’re not outraged, you’re not paying attention.
July 28th, 2011 at 2:49 am
Been looking into freeman movement myself lately,just sick of what i see happening and no way to combat it.”meet your strawman” openned my eyes!