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Things got weird when we went digital.
Recording from free to air is legal because of the "time shifting" argument. The show is being broadcast regardless, just because it's at an inconvenient time for you doesn't mean you should have to miss it. It's also worth noting that media producers fought tooth and nail against this.
Piracy is just reverse time shifting. It’s going to be on FTA TV at some point, I’m just making it more convenient to watch now.
That might actually be an element of a workable argument in Court. I think it's a very clever reframing of the precedent that allows recordings of broadcast media.
I've got a better argument but it won't hold up in court. If a company is making a profit then all costs of production, operation, and provision have been covered, every single shareholder from the individual worker to the CEO to the suppliers have all been paid adequately and fairly for their contribution, the consumers with the means and ability to contribute have, and I thank them for enabling the ability to socialise access to the product for the rest of the society that propped up the corporation so that it could produce.
If you want to argue that suppliers, producers, and workers haven't been adequately and fairly compensated for their contribution then why is there a profit margin?
In fact, it's morally acceptable to socialise the benefits and production of any corporation making a profit, though the law has this pesky tendency to call it theft.
I don't subscribe to the logic but I guess a part of it can be the lossless factor. Quality of pirated digital content is exactly like the original. If you tape something it usually loses quality. So people seem to care less about that kind of piracy. Which is stupid since going for lossy compressed pirated videos is allegedly not less wrong in the face of law.
Let's get crazier.
Our current favorite show is Bob's Burgers, it's a comfort show we fall asleep to. Prior to signing up with real debrid I got tagged for downloading a 2 year old episode.
We pay for Hulu. We pay for YoutubeTV. We have a working OTA antenna (for when the internet goes out).
My math says I have 3 licenses, yet still illegal to download?
Well it's an interesting question. From Hulu's TOS:
a. License. Within the United States and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
Install and make non-commercial, personal use of the Services; and stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (collectively, the “Content”) that are available to you from the Services.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in such Content.
While I'm not a lawyer, I'm gonna guess the lines about a revocable license are intended to cover this. Sites like Hulu rotate their content out, which I'm gonna guess means your license to view their content only extends to what's in their library at that time. Under fair use, you might be able to argue that you can create a backup copy for your own viewing -- it does say "temporarily download," but doesn't say you have to download it from them -- but legally you'd probably be obligated to delete your copy once Hulu gets rid of it regardless.
Also, the TOS does specify that circumventing their copy protection is a TOS violation. While the DMCA grants certain exceptions to the copy-protection rule for fair use, I don't think it requires Hulu to continue to serve you content or not revoke your license if you break their TOS. Kinda reminds me of Red Hat's use of TOS to enforce terms that go above and beyond the GPL. They can't exactly stop you 100%, but they can refuse to do business with you, which makes it a lot harder.
The law is a sham and it doesn't deserve anyone's respect.
Remember that there were also big campaigns against tape recorders and VCR. They even managed to get VCR vendors to implement a feature that prevents users from skipping ads. So it's not like it's simply legal, the media corps were just not as successful in their lobbying as they are today.
"Piracy isn't stealing" doesn't require a qualifier. It's objectively a separate, lesser crime. That correlation is just the result of effective, aggressive marketing that conflates the two. It was so effective that everyone misremembers the "you wouldn't steal a car" ad.
Thanks for that trip down memory lane. I was just a child when I saw that, and my first thought was "but... But when I steal from someone, they don't have it anymore. If I download it, they still have it"
Call it "illegal copy" (because fuck customer rights with "usage licenses") and we're good.
Isnt the free market supposed to self-regulate?
If companies can exploit it, why shouldnt we?
No, free market isn't "supposed" to self regulate. That's silliness. The only people who say that have no understanding of the concepts.
Regulation is required. Unfortunately with regulatory capture it's not happening.
"Piracy" has never been stealing except for the boats and parrots kind.
It's not stealing if it's been stolen before! Arrr
I'm the guy who coined this phrase on a Louis Rossmann video and I'm so proud!
Copying information is a nonrivalrous activity. To steal inherently requires the owner to be deprived of a thing, and copying does not deprive an owner of a thing. Copying therefore cannot really in "stealing."
The industry argument for that is "you're stealing our potential revenue". I personally subscribe to one streaming service. That's it. If what I want to watch isn't on that, I hoist the anchor and set sail.
The predictable way that video streaming services became content islands and actually a worse user experience than cable really shows how the industry would rather provide worse experience and cash grab than attract more customers naturally. By contrast, I can subscribe to one music service, and listen to literally every artist I can possibly want to. As soon as video streaming does that (at a reasonable price), piracy for video will plummet like it did for music.
Piracy is almost always a service problem and not a pricing problem.
Digital piracy is not theft, by definition. Theft requires taking something with the intent to deprive the owner, copying things does not deprive the owner.
Digital piracy is copyright infringement, which (in the vast majority of cases) is not even a crime. It is a civil offense.
I'm all for piracy but I still try to spend money where it morally makes sense to me.
I'll buy, rent or subscribe to content from actual creators or artists or developers if I know I am supporting their livelihoods or careers.
I'll pirate content if I decide for myself that the content has already paid for the livelihoods of the creators or workers who produced the material and now it's only the title holders and corporate interests that are profiting from the ownership and entitlement of controlling the content for commercial reasons only. For me this is mostly just big budget movies, old films and commercially produced music.
To me, anything that's already paid to help the original artist or creators should be made public. Locking it away and making people pay for the privilege of the content just to make more profit for someone else is piracy itself. This is especially true for films and music that are so old that the original artists and creators and owners are multi millionaires or just no longer exist.
I may be wrong but that is my own personal view of collecting digital content.
The long and short of the argument is "fuck the people who farm everyone else's efforts for millions. They don't own ideas or information."
Someone ripped off your YouTube video you worked hard on? I'm mad. Motherfucker cropped out your watermark and everything!
Someone copy your big budget movie? I don't give a fuck. You're Fox who makes it their business to lie to everyone and buy up control.
I assume when the purchase happened there was an agreement that said something like this might happen. If not, then people can sue Sony for the stealing. If so, then trying to argue that this means piracy isn't stealing is sophomoric at best.
I don't get why my fellow pirates try so hard to justify what they're doing. We want something and we don't want to pay the price for it because it's either too expensive or too difficult, so we go the cheaper, easier route. And because these are large corporations trying to fuck everyone out of every last dime, we don't feel guilt about it.
Embrace the reality instead of using twisted logic to try and convince yourself that it's something else.
I don’t get why my fellow pirates try so hard to justify what they’re doing. We want something and we don’t want to pay the price for it because it’s either too expensive or too difficult, so we go the cheaper, easier route. And because these are large corporations trying to fuck everyone out of every last dime, we don’t feel guilt about it.
Justification is important to those who act against unethical systems. You have to separate the opportunists from the rest. An opportunist will loot any defenseless shop without the slightest sense of ethics. That’s not the same group as those who either reject an unjust system or specifically condemn a particular supplier (e.g. Sony, who is an ALEC member and who was caught unlawfully using GPL code in their DRM tools). Some would say it’s our ethical duty to do everything possible to boycott, divest, and punish Sony until they are buried.
We have a language problem that needs sorting. While it may almost¹ be fair enough to call an opportunist a “pirate” who engages in “piracy”, these words are chosen abusively as a weapon against even those who practice civil disobedience against a bad system.
I think you see the same problem with the thread title that I do - it’s clever but doesn’t really give a solid grounds for ethically driven actions. But it still helps to capture the idea that paying consumers are getting underhandedly deceptively stiffed by crippled purchases, which indeed rationalizes civil disobedience to some extent.
Yeah I'm a huge pirate but I also have subscriptions to publications, buy a bunch of games, buy music and even have almost every release from a few labels, go to concerts as much as I can. It's not about the money for me at all
I used to have Netflix, HBO Max, Youtube Premium, Disney Plus, Amazon Prime and "Videoland". But since I used Linux, I could not stream with a higher bitrate. I could not download for offline playback, I had to jump through hoops to get things to play every now and then.
They also did not always have everything I wanted to see, or I had to pay extra for "premium early access" (Disney).
So I was fed up, learned about using multiple usenet backbones, how to send sabnzbd through VPN's, Radarr, Sonarr and Overseerr. Now I only have Netflix and Youtube Premium for my wife. And Plex for myself. And access to much more content.
And I do not consider it stealing, i consider it to be the natural result of them trying to gouge me while still not providing me.
They say we've got it all wrong, it's not the items we're stealing. It's he money they think they should've gotten from that item.
In five years, they'll be telling us it's stealing not to go see the latest marvel movie.
Theft isn't specific to property, you can steal services too.
The water is certainly muddy with digital media, but this is just another oversimplified argument.
If you need to do mental gymnastics to feel OK about pirating then...idk find something better than this.
See comments below for more mental gymnastics
People who assert property rights (including limited monopoly rights on intellectual property) are doing mental gymnastics too. We're just used to them, thanks to a century of propaganda after the great depression.
The current state of wealth distribution a century later doesn't seem to carry the promise that capitalism can be fair.
In fact, IP maximalism (Thanks, Walt!) has denied the public a robust public domain, and our courts struggle to do the mental gymnastics to understand why we have a public domain in the first place.
That is to say, the US and EU have totally lost the plot.
If I were to steal cable, I would be using the cable company's resources to deliver content to my house without paying for it. If I were to set up an inductor under a power line to steal power, I would be depriving the power company of power they could have sold to somebody else without giving them anything in return.
When I torrent something, I don't even put any additional load on Netflix's servers. With their current monetization scheme I don't even make the show's producers any less money.
Look at the shit sony is apparently intending to do. Total bullshit.
Damn, just say stealing. Thought we were pirates. Not cowards
It's not theft though. When you steal something you deprive someone else of it.
It's just copyright infringement. Since copyright is an artificial temporary monopoly granted by the government, it's pretty different from "theft".