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?
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