piracty always a sin

Whyayeman

Well-Known Member
Dec 8, 2018
4,034
2,649
Worcestershire
✟167,670.00
Country
United Kingdom
Faith
Atheist
Marital Status
Married
I realize that you're in the U.K, so the following may not apply to you.

Here are links to the relevant legal codes.

Copyright Act of 1976

Consolidated Appropriations Act of 2021

These are both quite lengthy, but for those who want a synopsis: When is streaming illegal? What you need to know about pirated content


As to the specific legal codes mentioned above:



The PLSA law in question is referred to in the following.



I hope that this clears things up for you. You're correct though, streaming unlicensed content presents no conundrum either legal or ethical.
Thank you for this, but I was clear before. As a writer I know that my work is protected by law from someone simply stealing it, perhaps to publish themselves as an original work. Much of what is done, such as copying music for personal use is not legal but accepted as inevitable.

Passing off people's work as one's own is what the law mainly protects against. So ripping off music tracks and playing them at events is evading colpyright payments - stealing from the artists.
 
Upvote 0

adrianmonk

Recursive Algorithm
Jan 14, 2008
605
703
Seattle, WA
✟229,832.00
Country
United States
Faith
Atheist
Marital Status
In Relationship
Politics
US-Democrat
I feel this is arguing against something I wasn't saying; the point I was trying to make was how weak the attempt to compare piracy to mugging or shoplifting was. The argument you're making is a different one than that, and one that is far more reasonable.

I agree with you on the comparison part ( I should have made this clearer, my apologies ).

You mention the possibility of getting things from a library. Which is true. But what of this question, which I asked at the end of the post you quoted?

However, here's a question, and I ask it because I am genuinely curious about it. If I get a book, DVD, game, or something else from the library, I'm avoiding paying for it even though I get to use it. No store gets money from me, nor does the original creator. In both cases, income is being "stolen", but very few people would ever claim that it's unethical to get something from the library instead of buying it. There's obviously a legal difference between them, but we're talking ethics here. Unless the argument is that anything illegal is immoral (which carries with it some obvious objections), what is the moral difference between the two? Obviously, getting something from the library is for several reasons less convenient. If that is the reason, does it mean that if piracy was less convenient, it would become moral? And if convenience isn't the moral difference, what is?

Along with the copyright laws, there is also something called the First Sale Doctrine. You can view that statue here. In a nutshell what that statute says is If you purchase a copyrighted work from the copyright holder (or via a legitimate source such as a store selling legal copies), you have the right to do a certain number of things with it. For example, you can loan that to a friend, watch it together with your neighbors, make a backup copy of it for your own purposes or drive over it with your car and destroy it. If you sell the item or destroy it, your privileges from the first sale doctrine cease to exist, so you cannot share your digital or physical backup. You can still use your backup for your personal use as long as it was copied from the original when you owned it.

Libraries also operate under the same doctrine. They purchase (or get books donated) at which point they can rent it out. A Library has 10 copies of a book, they can rent to 10 people. They cannot use a photocopier and make copies to rent as this would be illegal. The author/publisher/developer/musician has been paid for that first sale so they DO get paid, so income is not stolen. This gets complex for digital purchases and in many cases people are unable to exercise their rights under this. Some library software permits purchasing 10 copies of ebooks and restricting rentals of those ebooks to 10 people (equal to copies on hand). But people who purchase ebooks from certain stores are denied their rights as the copies tend to be encrypted, and they cannot make backup copies for themselves.

When people visit sites offering unlicensed products, they do not have the rights under the first sale doctrine since they never purchased it. Copyright law as the name states covers copying and by making a copy of the product, the person distributing it and the person downloading it are both violating the copyright of the rights holder. We do not really prosecute the downloaders here in the US, but the distribution sites are often taken down. If you use torrenting software, you are also sharing the product, so if the rights holders want to sue an individual for copyright violations they can.

Having said all of this, I also want to point out that copyright laws are a two way agreement. With the legislation, we permit copyright holders a temporary period of monopoly on their product, after which said product must go to the public domain. Unfortunately copyright laws are life of author plus 99 years (or similar), and since holders are companies, this is effectively unlimited (for works made after 1976). I would support a maximum life of 99 years from date of first publication after which the work goes into the public domain.
 
Upvote 0

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
You keep saying this, but what is at stake is not mitigated compensation; it is zero compensation.

Whether it's zero or mitigated compensation, the point is that it's a question of compensation, not of actually taking something.

A farmer raises corn to sell and an author writes a book to sell. Someone distributes the farmer's corn without giving the farmer money, and someone distributes the author's book without giving the author money. These are parallel crimes. The basis of the crime pertains to labor and remuneration, not consumability.

If someone takes the farmer's corn and distributes it, then the farmer no longer has the corn. If someone copies a book and distributes it, then the author still retains their copy and access. For it to be analogous, the corn would have be copied, like if I had a Star Trek replicator and made copies of their corn, then took the copies with me while leaving them with the corn they made.

However, again, if your statement is that it pertains to labor and remuneration rather than consumability, then that seems to be ultimately in agreement with what I was saying, because the primary moral arguments concerning mugging or shoplifting are normally concerning consumability--the fact fact the person who loses the money or item no longer has it--unlike a case of copying something, which is about, as you put it, labor and remuneration

What is the supposedly obvious "legal difference between them"?

The relation of libraries to copyright law is quite complicated, but not uncontroversial. See, for example: Why Librarians Care about Intellectual Property Law and Policy

The "obvious legal difference" I was referring to was the fact that libraries are legal, but piracy isn't.

Not true. Even as early as the sixth century we see St. Columba fights battles which resulted from copyright quarrels with Finnian of Moville.

I said the printing press "caused copyright to become established, it wasn't really a thing prior". I don't deny there were some precedents for copyright, hence why I said it wasn't "really a thing" before the printing press (language indicates that there might have been precedents, but copyright as we think of it only emerged then).

However, this incident doesn't seem to be a case of actual precedent. You refer here to the story of how a battle resulted from Finnian and Columba getting into a dispute over legal rights concerning a copy of a manuscript. While the battle definitely occurred, it having anything at all to do with copyright quarrels is highly dubious. As is stated on the first page of the following journal article:

"Two reasons for the battle are given in the later sources: the killing of Curnán and Díarmait's famous judgment about a book copied by Columba: "'le gach boin a boinin" .i. a. laogh & " le gach lebhur a leabhrán" - "To every cow her young cow, that is, her calf, and to every book its tarnscript"' (O'Kelleher and Schoepperle 1918, 178-9). Columba's kin are then said to have decided to make war on Díarmait. The story about the copy, however, is not found in any source earlier than Manus O'Donnell's Betha Colaim Chille composed in 1532."

If it wasn't until about one thousand years after the fact that anyone said that copyright quarrels was the cause of the conflict, it is almost certainly a legendary embellishment.

This is piracy. Piracy is what pirates do. It is not "making copies and distributing for free." Pirates are not philanthropists. The issue here is copyright, because that is the place where the modern world is especially vulnerable to piracy. Note too that whether or not a pirate is philanthropic makes no difference to the creator's loss.

Piracy - Merriam-Webster

1: an act of robbery on the high seas​
also : an act resembling such robbery​
2: robbery on the high seas​
3a: the unauthorized use of another's production, invention, or conception especially in infringement of a copyright​
b: the illicit accessing of broadcast signals​
Piracy is making copies and distributing for free. Are copies being made? Yes. Are they--usually--distributing it for free? Yes. This fits perfectly in the 3a definition provided. Whether they're philanthropists or not (I never claimed them to be philanthropists anyway) does not change the fact that my statement, that it's "making copies and distributing for free", is exactly what they're doing... most of them, anyway.
 
Last edited:
Upvote 0

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
Along with the copyright laws, there is also something called the First Sale Doctrine. You can view that statue here. In a nutshell what that statute says is If you purchase a copyrighted work from the copyright holder (or via a legitimate source such as a store selling legal copies), you have the right to do a certain number of things with it. For example, you can loan that to a friend, watch it together with your neighbors, make a backup copy of it for your own purposes or drive over it with your car and destroy it. If you sell the item or destroy it, your privileges from the first sale doctrine cease to exist, so you cannot share your digital or physical backup. You can still use your backup for your personal use as long as it was copied from the original when you owned it.

Libraries also operate under the same doctrine. They purchase (or get books donated) at which point they can rent it out. A Library has 10 copies of a book, they can rent to 10 people. They cannot use a photocopier and make copies to rent as this would be illegal. The author/publisher/developer/musician has been paid for that first sale so they DO get paid, so income is not stolen. This gets complex for digital purchases and in many cases people are unable to exercise their rights under this. Some library software permits purchasing 10 copies of ebooks and restricting rentals of those ebooks to 10 people (equal to copies on hand). But people who purchase ebooks from certain stores are denied their rights as the copies tend to be encrypted, and they cannot make backup copies for themselves.

When people visit sites offering unlicensed products, they do not have the rights under the first sale doctrine since they never purchased it. Copyright law as the name states covers copying and by making a copy of the product, the person distributing it and the person downloading it are both violating the copyright of the rights holder. We do not really prosecute the downloaders here in the US, but the distribution sites are often taken down. If you use torrenting software, you are also sharing the product, so if the rights holders want to sue an individual for copyright violations they can.

I'm aware of the first sale doctrine, but that's a legal doctrine. That might be why libraries are legal, but doesn't explain why they'd be moral under the arguments raised against piracy in regards to denying compensation. Because the moral argument was about being able to use a product while denying someone profits for it, it still seems to me that the library argument remains the same, and that the only practical difference between Internet piracy or getting something from the library in regards to this moral question is that the library isn't quite as good at distributing it for free due to there being less convenience for a number of reasons. If that's what separates them, it indicates that if piracy was less convenient, it would therefore be considered moral.

Having said all of this, I also want to point out that copyright laws are a two way agreement. With the legislation, we permit copyright holders a temporary period of monopoly on their product, after which said product must go to the public domain. Unfortunately copyright laws are life of author plus 99 years (or similar), and since holders are companies, this is effectively unlimited (for works made after 1976). I would support a maximum life of 99 years from date of first publication after which the work goes into the public domain.
This isn't quite how it works, because the copyright lengths are different for a person versus for a company for works on or after 1978, at least in the United States. One can see the length on the US copyright site. In the US, it's life plus 70 years after creation for when a person owns the copyright (when the person is known). When a company owns it, it's considered a work for hire in which case it expires 95 years after initial publication (or it's by a person, but the person is unknown, like an anonymous work). Technically for a company it's 95 years after initial publication or 120 years from the year of creation, whichever expires first, but in almost all cases it ends up being the 95 years after initial publication so it is easier to think of it was that (the only time 120 years after creation would be shorter is if the work was made and then sat on for 26 or more years before publishing it, which I assume is quite rare).

The above is for works published in 1978 or later. For works prior, things are more complicated. But the "quick" version is that in almost all cases, works (whether by a person or a company) are copyrighted for 95 years after initial publication. The exceptions are cases where the copyright ends up being shorter, like if they didn't renew it when it was required (copyright renewal is no longer required, but it was in the past).

So to sum up, the way it works is:

Works published on or after 1978:
If copyrighted by a person: Copyright lasts for life of creator plus 70 years after their death
If copyrighted by a company: Copyright lasts for 95 years after publication (in almost all cases) or 120 years after date of creation if that is shorter

Works published prior to 1978:
Copyright normally lasts for 95 years after publication, but in some cases may expire earlier
 
Last edited:
Upvote 0

partinobodycular

Well-Known Member
Jun 8, 2021
1,924
813
partinowherecular
✟92,402.00
Country
United States
Faith
Agnostic
Marital Status
Single
Passing off people's work as one's own is what the law mainly protects against. So ripping off music tracks and playing them at events is evading colpyright payments - stealing from the artists.

This is great, because I'm beginning to understand where you as a creator are coming from, and hopefully you're getting a better perspective of where I as a consumer of pirated videos is coming from.

My previous post addressed the issue from a legal standpoint, but what about the ethical standpoint? I mean I'm not stupid, I know full well that in between the creator of the movie and me the consumer, there's somebody doing something that isn't legal, and I'm benefiting from that. So I have to ask myself, is that an ethical thing for me to do?

To explain my position on this I'm going to pick a subject that you're not so closely invested in, but which carries the same ethical dilemma... knockoff Gucci bags.

So I did a quick Google search and found a Gucci bag that was selling at a number of different retailers for @$20,000. I also found a number of retailers selling an identical looking Gucci bag for @$2,000. Now I know enough about me and Gucci bags to be fairly certain of two things... one, those $2,000 bags are quite likely to be knockoffs, and two, there's no way in heck that I'm paying $20,000 for a bag, no matter who's name is on it.

That's just the reality of me as a consumer who isn't really all that into high end bags. I'm well aware of this. Gucci's well aware of this. And the guy making the knockoffs is well aware of this. Some people just ain't paying $20,000 for a bag, they may pay $2,000 if the stars are aligned correctly, but even that's pushing it.

Now I'm pretty sure that it doesn't cost Gucci $20,000 to make that bag. So theoretically they could just cut their asking price in half, and take a considerable bite out of the knockoff makers market share. But they don't do that. Yes, they'll whine and complain about those illegal knockoffs, but they've probably weighed all the alternatives and decided to just let the knockoff makers have the lower end of the market, while Gucci protects the value of the Brand name, and dominates the high end of the market. Sure, they may wish that the knockoff makers weren't there, but they're content with the status quo. It keeps them happy, it keeps the knockoff makers happy, it keeps me the consumer happy, and people are still clamoring for more Gucci bags.

Oddly enough this directly translates to movies, because the movie producer has several potential revenue streams, among them are the box office, downloads, sales of hard copies, and legitimate streaming services like Netflix, Showtime, and Cinemax... etc, who's contracts may actually make it more difficult for independent producers to compete. So the movie producers have to weigh the cost of driving those pirates out of business, with simply being content with dominating all the other revenue streams. Once again we end up with everybody being content with the status quo. The movie producers are happy, the pirates are happy, the consumers like me are happy, and people are still clamoring for the next "Fast and Furious" movie.

It seems like the only ones who aren't happy are the people at the bottom of the totem pole, and that's people like you. But I also think that it's a bit naive to blame me, or even the pirates for something that's just a consequence of the way that the system is designed. Sorry.

But what it all boils down to is that from a legal standpoint I feel perfectly justified in watching pirated movies, and although it may seem counterintuitive, I also feel ethically justified in watching pirated movies, because from my perspective it's really hard to find the bad guy here. Is it the pirates who are just fulfilling a need? Is it the movie industry that's dominating and controlling the legitimate market, seemingly for their own benefit, or is it me the little guy who just wants to watch a movie?

Hopefully you and I are coming to a mutual understanding. I know that you're not a bad guy, and hopefully you're beginning to get an inkling that maybe I'm not a bad guy either.

But no matter what, I think that this has been a very, very worthwhile conversation.
 
Upvote 0

zippy2006

Dragonsworn
Nov 9, 2013
6,907
3,431
✟247,985.00
Country
United States
Faith
Catholic
Marital Status
Single
If someone takes the farmer's corn and distributes it, then the farmer no longer has the corn. If someone copies a book and distributes it, then the author still retains their copy and access. For it to be analogous, the corn would have be copied, like if I had a Star Trek replicator and made copies of their corn, then took the copies with me while leaving them with the corn they made.

However, again, if your statement is that it pertains to labor and remuneration rather than consumability, then that seems to be ultimately in agreement with what I was saying, because the primary moral arguments concerning mugging or shoplifting are normally concerning consumability--the fact fact the person who loses the money or item no longer has it--unlike a case of copying something, which is about, as you put it, labor and remuneration
You haven't managed to address the argument. Here it is again:

You are overlooking the fact that an author has a right to their book, just as a farmer has a right to their corn. It is the right that is being alienated in the same way that the right to a consumable good could be alienated. In both cases the means of revenue is being stolen.
The author loses their product-to-sell, just as the farmer does. That we eat corn makes no difference at all. Producers deserve a right to their product whether or not that product is consumable, and the injustice comes in depriving them of remuneration for their work. You are misconstruing this as theft of a private good which was to be used in a private capacity. What in fact is being stolen is a good that is to be sold to the public, and hence the subject is labor and remuneration. To steal the rights to a book (or part of those rights) results in the exact same sort of deprivation that the theft of consumable goods results in.

You are confused because the farmer's right to his corn is more difficult to distinguish from his possession of the physical corn. A farmer in possession of physical corn has a prima facie right to that corn, and it is difficult to separate these two realities. But in the author's case they separate much more easily. An author in possession of a manuscript does not have an enforceable right to the intellectual content of the manuscript sans legal protections, and without those legal protections his labor cannot be reliably monetized. Or in other words, there is parity with respect to the legal issue at stake, but because it is easier to steal the right to intellectual property than the right to consumable property, the former requires special legal protections.

If it wasn't until about one thousand years after the fact that anyone said that copyright quarrels was the cause of the conflict, it is almost certainly a legendary embellishment.
Even in spite of the J-Stor preview you Googled, my point holds: there was a copyright quarrel in the 6th century (whether or not it resulted in bloodshed).

Piracy is making copies and distributing for free.
No it's not. Stop making up false definitions.
 
Last edited:
Upvote 0

Whyayeman

Well-Known Member
Dec 8, 2018
4,034
2,649
Worcestershire
✟167,670.00
Country
United Kingdom
Faith
Atheist
Marital Status
Married
you're getting a better perspective of where I as a consumer of pirated videos is coming from.
I think my perspective was right all along. Piracy is stealing. There are legitimate ways to access copyright material. And stealing. People who make illicit copies generally sell them. Even if they give them away, though, it is still stealing. This is not a difficult concept. the clue is in the term - piracy.
 
Upvote 0

partinobodycular

Well-Known Member
Jun 8, 2021
1,924
813
partinowherecular
✟92,402.00
Country
United States
Faith
Agnostic
Marital Status
Single
I think my perspective was right all along. Piracy is stealing. There are legitimate ways to access copyright material. And stealing. People who make illicit copies generally sell them. Even if they give them away, though, it is still stealing. This is not a difficult concept. the clue is in the term - piracy.

Okay, you see it your way and I'll see it mine. But one thing's absolutely certain, I'm both legally and ethically justified in streaming pirated movies.
 
Last edited:
Upvote 0

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
You haven't managed to address the argument. Here it is again:


The author loses their product-to-sell, just as the farmer does. That we eat corn makes no difference at all. Producers deserve a right to their product whether or not that product is consumable, and the injustice comes in depriving them of remuneration for their work. You are misconstruing this as theft of a private good which was to be used in a private capacity. What in fact is being stolen is a good that is to be sold to the public, and hence the subject is labor and remuneration. To steal the rights to a book (or part of those rights) results in the exact same sort of deprivation that the theft of consumable goods results in.

You are confused because the farmer's right to his corn is more difficult to distinguish from his possession of the physical corn. A farmer in possession of physical corn has a prima facie right to that corn, and it is difficult to separate these two realities. But in the author's case they separate much more easily. An author in possession of a manuscript does not have an enforceable right to the intellectual content of the manuscript sans legal protections, and without those legal protections his labor cannot be reliably monetized. Or in other words, there is parity with respect to the legal issue at stake, but because it is easier to steal the right to intellectual property than the right to consumable property, the former requires special legal protections.

You seem to be vigorously trying to argue something that doesn't seem to be in tension with what my point was. Your argument is that the moral argument against piracy is based on compensation (or as you write it, "remuneration"). Which... I said was the case? My contention was that because the moral argument against things like mugging was based on the fact it removes material from the victim, whereas the argument against piracy is that it denies giving them something which is owed (compensation/remuneration), the comparison doesn't make much sense, and that trying to do so is more about making a strong rhetorical point than making a valid comparison because actual theft brings in greater moral outrage than questions about compensation do, as well as other various reasons that make actual theft more easy to rally against.

For example, earlier I brought up the issue of libraries. If I get a book from the library, I am paying no money at all to the author of the book, nor am I giving any money to any store selling it. But I still get to use it. The same ethical objections to piracy seem to apply here. But I don't see people rallying against piracy as being immoral doing the same thing to libraries (on multiple occasions, in fact, I've seen people who criticize piracy say there's no issue getting the work from a library). What, then, is the moral difference? The only real difference I see, aside from the fact one is legal and the other is not (which isn't a moral argument), is the fact that libraries are less convenient than piracy. Does that mean if piracy is less convenient, it would be as morally acceptable as using a library? This is the kind of question that is irrelevant on an "actual theft" argument, but pops up when the argument is compensation for work.

Even in spite of the J-Stor preview you Googled, my point holds: there was a copyright quarrel in the 6th century (whether or not it resulted in bloodshed).

Actually, I didn't find it by using Google, and actually had looked some into the issue before you made your reply (though I did look more into it when I made my reply to yours, and looked into it more closely for this new reply you're reading).

In any event, how does your point still stand? As the article I pointed to said, the first mention we have of the supposed "copyright quarrel" is from one thousand years later. The issue isn't whether there was bloodshed (we know the battle occurred), but whether any copyright quarrel had anything to do with it. The article I pointed to asserts that the first mention of the manuscript dispute we have is in a work one thousand years after the fact, which (according to it) doesn't seem to fit with the actual events of the battle, which to me is an extremely strong indication the story is legendary.

I admit, of course, that I have not looked through all the works about the individuals involved in this alleged conflict, so I have to take its word that the first mention we have is from the 16th century. Maybe it's wrong. But if so, it would be nice if you were to provide evidence of that fact, like pointing to earlier sources that refer to it.

However, other scholarly sources do confirm that the story is of a later date and therefore less reliable. For example, the Catholic Encyclopedia says this in its St. Columba article:

"Columba left Ireland and passed over into Scotland in 563. The motives for this migration have been frequently discussed. Bede simply says: "Venit de Hibernia . . . praedicaturus verbum Dei" (H. E., III, iv); Adarnnan: "pro Christo perigrinari volens enavigavit" (Praef., II). Later writers state that his departure was due to the fact that he had induced the clan Neill to rise and engage in battle against King Diarmait at Cooldrevny in 561. The reasons alleged for this action of Columba are: (1) The king's violation of the right of sanctuary belonging to Columba's person as a monk on the occasion of the murder of Prince Curnan, the saint's kinsman; (2) Diarmait's adverse judgment concerning the copy Columba had secretly made of St. Finnian's psalter. Columba is said to have supported by his prayers the men of the North who were fighting while Finnian did the same for Diarmait's men. The latter were defeated with a loss of three thousand. Columba's conscience smote him, and he had recourse to his confessor, St. Molaise, who imposed this severe penance: to leave Ireland and preach the Gospel so as to gain as many souls to Christ as lives lost at Cooldrevny, and never more to look upon his native land. Some writers hold that these are legends invented by the bards and romancers of a later age, because there is no mention of them by the earliest authorities (O'Hanlon, Lives of the Ir. Saints, VI, 353). Cardinal Moran accepts no other motive than that assigned by Adamnan, "a desire to carry the Gospel to a pagan nation and to win souls to God". (Lives of Irish Saints in Great Britain, 67)."

Although less specific than the article I quoted (it doesn't say when it first showed up), it nevertheless indicates it, along with the other things it refers to, were found only later on. I looked into the New Catholic Encyclopedia to see if it gave more information, but it doesn't mention the incident at all in its article on Columba (perhaps it simply didn't think it was credible enough to mention at all, even as a dubious legend).

Just to try to be more thorough, I looked at Adomnan's "LIfe of St. Columba" from the 7th century, which I believe is the earliest source we have of Columba's life. It does not appear to mention the story; the "Lives of the Irish Saints" book referred to by the Catholic Encyclopedia above, indeed, mentions it was not found in Adomnan's work. But to try to be sure, I looked at an English translation of the Life of St. Columba here. At 156 pages (not counting introduction and appendix), it's a bit too long for me to read through all of it to be absolutely sure the story isn't there, but I did do some searches through the work for related terms (e.g. "psalter", "copy", "Finnian", "cow", "calf" (the latter two referring to the supposed quote of the king)), which turn up nothing. So it just doesn't seem to be there. Given that it supposedly caused a battle where thousands died and was the supposed reason Columba left Ireland, one would think that it would merit a mention in a biography!

It is, no doubt, obviously a popular story about Columba, which was repeated by many much later on. But it is extremely dubious it ever happened given that it appears to only be mentioned long after it supposedly occurred and is not mentioned by earlier writers, even at least one who wrote specifically about the life of Columba!

If you wish to continue to use this as an example of copyright precedent, it seems you need to do one of two things:
1) Offer a reasonable explanation of why, for about a thousand years, no work we have about St. Columba or about anyone else related in the supposed conflict mentioned this rather noteworthy event.
2) Offer an earlier source, reasonably close to the time period it happened, that does mention it.

No it's not. Stop making up false definitions.
Do you deny that pirates are copying things? Do you deny that they are distributing them for free? Because... that's what they're doing. I'm extremely confused as to why you are denying that pirates are doing things they are undeniably doing. If they weren't copying, then people wouldn't have a problem with them!

Perhaps your complaint is that if someone were to offer a definition of piracy, it wouldn't be what I said. Well, okay... but in what you were objecting to, I wasn't ever offering any definition (I never used the word definition), just saying what they do. "Someone who practices medicine" is what a doctor does, but that's obviously not the definition of a doctor because people other than doctors do that. The whole point I was trying to make originally which caused you to get upset about this was when I was differentiating a modern pirate (who usually copies and distributes for free without authorization) with printers in the earlier days of the printing press who would copy and sell someone else's work without their authorization.

The one time I explicitly said definition was in my first post in this topic, where I said when I used piracy in it, the meaning I had in mind was "distributing for free a copy of the entirety of a copyrighted work without permission." While admittedly some pirates do charge, they are in the minority from what I can tell, and the piracy I was concerned about talking about in the post was the free time, hence my definition offered for that post. Someone could object to "the entirety" but I thought it was important to put that there to differentiate between someone who just quoted a sentence from something (perhaps "a substantial amount" would have been better than "the entirety").
 
Last edited:
Upvote 0

Whyayeman

Well-Known Member
Dec 8, 2018
4,034
2,649
Worcestershire
✟167,670.00
Country
United Kingdom
Faith
Atheist
Marital Status
Married
Okay, you see it your way and I'll see it mine. But one thing's absolutely certain, I'm both legally and ethically justified in streaming pirated movies.
You may be certain about it, but that does not make it so.

Carry on doing it. There will be no retribution because although illegal, it is trivial. Most movies make their most substantial profits at the box office and will often sell on the rights to t.v. companies who make their revenue through advertising or subscription.

What would not be trivial to writers is passing off their copyright work under somebody else's name or copying chunks without acknowledgement (which often requires permission and a consideration. Musicians up until streaming services virtually put an end to the recording industry were certainly robbed of their income by pirates stealing their recorded work.
 
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

partinobodycular

Well-Known Member
Jun 8, 2021
1,924
813
partinowherecular
✟92,402.00
Country
United States
Faith
Agnostic
Marital Status
Single
What would not be trivial to writers is passing off their copyright work under somebody else's name or copying chunks without acknowledgement (which often requires permission and a consideration. Musicians up until streaming services virtually put an end to the recording industry were certainly robbed of their income by pirates stealing their recorded work.

So you are in effect "tilting at windmills", to 'steal' a phrase from Cervantes, because none of that is actually what we're discussing here.
 
Upvote 0

zippy2006

Dragonsworn
Nov 9, 2013
6,907
3,431
✟247,985.00
Country
United States
Faith
Catholic
Marital Status
Single
My contention was that because the moral argument against things like mugging was based on the fact it removes material from the victim, whereas the argument against piracy is that it denies giving them something which is owed (compensation/remuneration), the comparison doesn't make much sense, and that trying to do so is more about making a strong rhetorical point than making a valid comparison because actual theft brings in greater moral outrage than questions about compensation do, as well as other various reasons that make actual theft more easy to rally against.
I think that in talking about mugging @Whyayeman was saying that piracy is not a victimless crime, not that intellectual property is consumable. I think your reading of his argument is strange.

On your view it seems that if I stop someone at gunpoint, take the trade secret from their pocket, snap a photograph with my phone, and give it back to them, then I haven’t mugged them because they haven’t lost anything. It seems like you are involved in some sort of property materialism. Intellectual property and consumable property are different in some ways, but they are exactly the same with respect to the issues that @Whyayeman has been concerned with in this thread. Further, your crucial claim that the author loses nothing is false.

For example, earlier I brought up the issue of libraries. If I get a book from the library, I am paying no money at all to the author of the book, nor am I giving any money to any store selling it. But I still get to use it. The same ethical objections to piracy seem to apply here. But I don't see people rallying against piracy as being immoral doing the same thing to libraries (on multiple occasions, in fact, I've seen people who criticize piracy say there's no issue getting the work from a library). What, then, is the moral difference? The only real difference I see, aside from the fact one is legal and the other is not (which isn't a moral argument), is the fact that libraries are less convenient than piracy. Does that mean if piracy is less convenient, it would be as morally acceptable as using a library? This is the kind of question that is irrelevant on an "actual theft" argument, but pops up when the argument is compensation for work.
Let me quote from the article I already gave you in post #77:

Libraries are creatures of the historical and statutory balance in copyright law. Libraries lend materials based on the First Sale doctrine. Libraries share materials and preserve works under specific provisions for libraries in the Act. Libraries are often the only entities that provide access to the vast majority of copyrighted works that lose market vitality long before the expiration of the copyrights, and are often the only entities that preserve public domain materials. Libraries enable users to access copyrighted and public domain works and to exercise their rights under the exceptions and limitations to creators' rights in the law. The creation of new intellectual property building on the old is stimulated as a result of the existence of libraries. Libraries are places where the public and the proprietary meet. The multiple roles of libraries as social organizations address the balance in the law, and are shaped by it. (Why Librarians Care about Intellectual Property Law and Policy)​

Some writers hold that these are legends invented by the bards and romancers of a later age, because there is no mention of them by the earliest authorities
It is possible that the account is false. My source is an educated Irishman who studies the ancient Irish monastic tradition in his free time, and who can read the ancient languages such as Gaelic. Perhaps I will ask him if he has English sources next time I see him. In any case, Wikipedia's "History of copyright" article gives various aspects of copyright which existed in an attenuated form before the creation of the printing press (and it also mentions Columba). I likely won't dig into this side-issue further, as my research capabilities are curbed during Lent.

Do you deny that pirates are copying things? Do you deny that they are distributing them for free? Because... that's what they're doing. I'm extremely confused as to why you are denying that pirates are doing things they are undeniably doing. If they weren't copying, then people wouldn't have a problem with them!
There are lots of black market services that illegally copy and distribute copyrighted products for a fee, often subscription-based. Merriam-Webster and common people call this activity piracy, as do trade authorities such as the USTR. What do you call it?

I wasn't ever offering any definition
Sure you were:

In regards to the printing press, as I understand it, the issue there (which caused copyright to become established, it wasn't really a thing prior) was not so much what we could consider "piracy" (making copies and distributing for free), but the fact if you got a book published, a bigger printing company could just print it themselves, claim they were the ones who wrote it originally, and make a lot of money.
Your claim here was that the printing company isn't engaged in piracy because they are profiting. That's a definitional claim, and it is mistaken, as I noted.
 
Upvote 0

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
I think that in talking about mugging @Whyayeman was saying that piracy is not a victimless crime, not that intellectual property is consumable. I think your reading of his argument is strange.

On your view it seems that if I stop someone at gunpoint, take the trade secret from their pocket, snap a photograph with my phone, and give it back to them, then I haven’t mugged them because they haven’t lost anything.

This example you offer is not comparable to piracy for a number of reasons.

The obvious points is that normal piracy doesn't involve force or threat of force as robbery does, not to mention that when something is copied, it isn't being taken away (even temporarily) for the purpose of the copy. But, one could solve both of these problems by changing the analogy to using some kind of special X-ray machine to covertly take a picture of a trade secret from their pocket (not sure if we have the technology to do that, but let's suppose it's possible).

Then, however, we run into a critical difference: You are referring to trade secrets. That is, a secret, something that's not supposed to be made public. In fact, trade secrets inherently cannot be copyrighted because to copyright them means they are no longer secret! When it comes to the legality of trade secret distribution, it (from my understanding, I am very far from an expert) turns on the method in which it was accessed. There are various legal ways to gain access to someone else's trade secret and use it yourself, like if it's through their negligence (e.g. the important trade secrets fall out of the person's pocket and are found by a competitor). For trade secret copying to be illegal, it must be done via improper means, which the Uniform Trade Secrets Act defines as:

"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

In this hypothetical X-ray example, it would seem to be a case of espionage through electronic means. So the legal problem here would not be any copying, or causing the loss of income, but the mechanism. If it fell out of their pocket, I picked it up, and brought it back to my company and started making use of it, that would be completely legal as far as I can tell. Of course, turning to the moral question, that's an interesting one, of whether someone should give back any trade secrets they gain access to through negligence of someone else. But in any event, I still see that as considerably different, because this is all about secret information, not public information as is the case for piracy.

Okay, I may have wandered a big off track with that. But my point is that it's too far away from actual piracy for the comparison to make any sense regarding ethics or even regarding legal issues.

It seems like you are involved in some sort of property materialism. Intellectual property and consumable property are different in some ways, but they are exactly the same with respect to the issues that @Whyayeman has been concerned with in this thread. Further, your crucial claim that the author loses nothing is false.

It's not false in that they have no actual or tangible loss. The "loss" is of potential. Or to put it another way, the "loss" is simply a lack of gain. That's why the robbery analogy doesn't work (aside from the obvious fact assault isn't involved), because that involves actual loss. You used to have something, now you don't. If someone pirates--or doesn't buy for any other reason, including just not being interested in the product--then you still have everything you had prior. It just means you didn't gain anything. But neither did you lose anything, other than potential gain. It's all about potentials, not anything actual.

Simple math tells us that if I take $5 from someone, they're -$5, but if I don't buy something that would give them a profit of $5, they're +$0. One is a negative, the other is no change; this is simple math. And, of course, one can easily argue that in various cases it's wrong to not give someone money, particularly if it's expected compensation for something. Morality questions regarding such a negative adjustment (e.g. actual stealing) might be related to moral questions regarding piracy, but ultimately it isn't the same because of the inherent and obvious difference between -$5 and +$0, which is why constantly repeated analogies of mugging and such don't work (aside from, again, the difference of there being no assault). Again, one obviously can make moral based arguments against piracy, but going for rhetorical points in comparing it to mugging has a lot of problems and, while doing so is perhaps incentivizing to some people, due to those problems can drive away those who recognize it for being a strained comparison. adrianmonk made a much better anti-piracy moral argument back here without invoking any of the weak parallels I criticized.

Let me quote from the article I already gave you in post #77:

Libraries are creatures of the historical and statutory balance in copyright law. Libraries lend materials based on the First Sale doctrine. Libraries share materials and preserve works under specific provisions for libraries in the Act. Libraries are often the only entities that provide access to the vast majority of copyrighted works that lose market vitality long before the expiration of the copyrights, and are often the only entities that preserve public domain materials. Libraries enable users to access copyrighted and public domain works and to exercise their rights under the exceptions and limitations to creators' rights in the law. The creation of new intellectual property building on the old is stimulated as a result of the existence of libraries. Libraries are places where the public and the proprietary meet. The multiple roles of libraries as social organizations address the balance in the law, and are shaped by it. (Why Librarians Care about Intellectual Property Law and Policy)​

This is ultimately not addressing the ethical question. It mentions the First Sale doctrine, but that's a legal matter. It mentions providing access to works "that lose market vitality long before the expiration of copyrights", but criticism of piracy is almost always regarding works that have market vitality, and you can get those from libraries too.

It is possible that the account is false. My source is an educated Irishman who studies the ancient Irish monastic tradition in his free time, and who can read the ancient languages such as Gaelic. Perhaps I will ask him if he has English sources next time I see him.

If there is better evidence of its occurrence, I would indeed be interested in it.

There are lots of black market services that illegally copy and distribute copyrighted products for a fee, often subscription-based. Merriam-Webster and common people call this activity piracy, as do trade authorities such as the USTR. What do you call it?


Sure you were:


Your claim here was that the printing company isn't engaged in piracy because they are profiting. That's a definitional claim, and it is mistaken, as I noted.
The original context of my mention of piracy being copying and distributing for free was to note that being a difference from how previously people were copying and selling things. You seem to be trying to make a big deal about me trying being as specific as you wanted me to be, even though what you're talking about seems to be squabbling over something not relevant to what I was saying. But if your complaint is that some people who engage in piracy charge money, then... yes? I don't think I ever denied that, in fact I said several times that some do, though a minority as far as I can tell. I'll concede the fact that you have successfully argued against a claim I wasn't trying to make and I don't think was important to my point.
 
Last edited:
Upvote 0

Whyayeman

Well-Known Member
Dec 8, 2018
4,034
2,649
Worcestershire
✟167,670.00
Country
United Kingdom
Faith
Atheist
Marital Status
Married
I may have wandered a big off track with that. But my point is that it's too far away from actual piracy for the comparison to make any sense regarding ethics or even regarding legal issues.
Well, yes!

When I mentioned mugging I was not really trying to suggest that it was in any equivalent to copyright theft. I said that both were stealing. When someone copies protected material they are dodging payment to the author. The author loses some real income because the copier has the benefit of the author's work while the author has not received his due.

It may be uncomfortable for the many people who have benefited from illicit copying but the law is clear; give the author his due! Or accept the label - thief.
 
Upvote 0

zippy2006

Dragonsworn
Nov 9, 2013
6,907
3,431
✟247,985.00
Country
United States
Faith
Catholic
Marital Status
Single
The obvious points is that normal piracy doesn't involve force or threat of force as robbery does
You are making up false definitions again. Now you are claiming that piracy is inherently non-violent. This is false, just as your claim that piracy is inherently profitless was false.

Okay, I may have wandered a big off track with that.
Yes, you did. The point of my example was that not all property is material, and therefore your presupposition regarding piracy is false.

It's not false in that they have no actual or tangible loss. The "loss" is of potential.
You never managed to address the point of the trade secret mugging. Has the victim lost anything in that case? If so, what has he lost?

If someone pirates--or doesn't buy for any other reason, including just not being interested in the product--then you still have everything you had prior. It just means you didn't gain anything. But neither did you lose anything, other than potential gain. It's all about potentials, not anything actual.
Nope. Again, what is lost is the right to the intellectual property. I've explained this multiple times and you've yet to respond.

Let's take your example of a publishing house that illegally prints a copyrighted material, which is of course piracy. By printing the publishing house has appropriated to itself the right to the material. It is this right which an author either has or does not have, and this is precisely what the court will adjudicate. The fact that the right can be used to make money is posterior to the existence of the right itself. The question of potential income has no relevance until the question of the right has first been settled. To gain a right does not mean "...you didn't gain anything. But neither did you lose anything, other than potential gain. It's all about potentials, not anything actual." A right is not merely a potentiality. It is a real, existing (moral and legal) possession which alters reality.

Simple math tells us that if I take $5 from someone, they're -$5, but if I don't buy something that would give them a profit of $5, they're +$0.
Did you mean "do" instead of "don't"? If your purchase does not affect their holdings then they are still $5 in the red.

The moral of the story here is that your property materialism is false. It is possible to possess and/or lose non-material things, such as rights. Someone who has a copyright has something that someone who does not have a copyright does not have, and this possession is not merely future money or opportunity.

This is ultimately not addressing the ethical question.
Try reading the portion I bolded for you.
 
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

partinobodycular

Well-Known Member
Jun 8, 2021
1,924
813
partinowherecular
✟92,402.00
Country
United States
Faith
Agnostic
Marital Status
Single
It may be uncomfortable for the many people who have benefited from illicit copying but the law is clear; give the author his due! Or accept the label - thief.

Likewise, it may be uncomfortable for many people who presume that they've been harmed by piracy, but both the law and ethics are clear, it's perfectly fine for the consumer to buy pirated goods.

If you want to buy that $2,000 Gucci knockoff instead of the $20,000 original, the law says that that's perfectly fine. Gucci fanatics may try to shame you into thinking that you're somehow beneath a true Gucci owner, but at the end of the day Gucci makes money, and all the little guys making bags make money. So what we have is a functioning market, and that's a very good thing.

So just as Gucci fanatics try to shame people into buying that $20,000 original, the 'ethics police' try to shame people into paying a monthly premium for Netflix. Now in spite of those pirates I'm pretty sure that Netflix still makes money. And the writers make money, the artists make money, the performers make money, and the producers make money. In fact, it seems to me that there are more people making money off of movies now, than has ever been true in the past.

So I ask you... where's the harm?
 
Upvote 0

partinobodycular

Well-Known Member
Jun 8, 2021
1,924
813
partinowherecular
✟92,402.00
Country
United States
Faith
Agnostic
Marital Status
Single
That is a quibble.

No it's not, you're claiming that my watching pirated videos causes harm to somebody, but you have no way of demonstrating that that's actually true. In fact, the exact opposite is true. The global video market is projected to grow from $285 billion in 2023, to $305 billion in 2024, and $515 billion by 2028. All of this requiring, writers, artists, performers, and production crews. So just who do you claim is getting hurt by this? And rather than impeding this growth, video piracy is directly contributing to it.

So like I said before, you're simply "tilting at windmills", throwing shade at people who don't deserve it. All because, somehow you think that you and yours have sustained some imaginary harm. Now somewhere there probably is a writer or a performer that's out of a job, but it ain't because somebody's watching pirated videos. It's more likely because some five year old on Youtube! is watching another five year old get half a billion views a year unboxing toys instead of watching Sesame Street.
 
Upvote 0

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
You are making up false definitions again. Now you are claiming that piracy is inherently non-violent.

I never claimed piracy (copyright piracy, to be clear) was inherently non-violent. Let's look again at what you quoted from me:

"The obvious points is that normal piracy doesn't involve force or threat of force as robbery does"

The word "normal" preceded the word piracy and is a qualifying term. That is, I clearly wasn't referring to all piracy, only normal piracy. That's what a qualifier does, it narrows the meaning of something, clearly showing that I was referring to a kind of piracy, in this case normal piracy. What is normal piracy? Well, it's... normal, typical, as in how it's normally done. For example, what is the normal manner of piracy of streaming shows, like from Netflix? The technological specifics go over my head, but apparently people somehow download the streams to their computer as they play and decrypt them, then turn them into video files and make those available online. Afterwards, other people download them. This entire process obviously involves no violence at all. Similarly, the act of downloading an mp3 off something like iTunes and then putting it online for other people to download is entirely without violence also. This is how piracy is normally done to my understanding, hence the phrase normal piracy. In some cases there may be violence involved when obtaining the material, but such is not common, and therefore not normal. Thus, normal piracy doesn't involve force or threat of force.

Even if someone didn't understand exactly what I meant by "normal", the usage of the qualifier should have made it obvious that I wasn't referring to all piracy and therefore wasn't saying it was "inherently" non-violent. I'm very confused how someone would arrive at that interpretation.

This is false, just as your claim that piracy is inherently profitless was false.

I didn't make that claim either. As far as I can tell, you misunderstood what I was saying and thought that's what I was trying to say, but that wasn't the case. In an effort to clear up any misconception, I said the following at the end of my previous post:

But if your complaint is that some people who engage in piracy charge money, then... yes? I don't think I ever denied that, in fact I said several times that some do, though a minority as far as I can tell. I'll concede the fact that you have successfully argued against a claim I wasn't trying to make and I don't think was important to my point.

While my phrasing was a bit snippy, I still quite explicitly--and in the message you're responding to, at that--said that I was not claiming that all piracy was done for free. I'm very confused how someone can read that, in which I quite explicitly denied claiming that piracy was inherently profitless, and then say I was claiming piracy was inherently profitless.

In regards to the rest of your post, at this point, I feel we're going around in circles in this sub-argument, which is not helped by how much of this seems based on misunderstandings like the above. I also worry that continuing on this makes it seem like I'm trying to argue in favor of piracy when I was just trying to say I think a specific (though common) talking point about piracy was wrong. I dtherefore on't think going through the rest--which would eat up a bunch of more time, of which I've already devoted a lot of which to this argument--would be of much use to anyone. Ordinarily I would probably not have replied at all in order to let the sub-argument drop, but I thought the above statements were such an inaccurate depiction of what I said I felt I had to respond at least to them.
 
Last edited:
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

JSRG

Well-Known Member
Apr 14, 2019
1,508
878
Midwest
✟165,738.00
Country
United States
Faith
Christian
Marital Status
Single
No it's not, you're claiming that my watching pirated videos causes harm to somebody, but you have no way of demonstrating that that's actually true. In fact, the exact opposite is true. The global video market is projected to grow from $285 billion in 2023, to $305 billion in 2024, and $515 billion by 2028. All of this requiring, writers, artists, performers, and production crews. So just who do you claim is getting hurt by this? And rather than impeding this growth, video piracy is directly contributing to it.

You don't say where you got the numbers from (or what specifically "global video market" means, which the source presumably more clearly defined), but accepting these as true, I don't see them necessarily supporting your point. It may be true that the numbers are going up as a whole, but that doesn't mean piracy isn't having any harmful effect. What seems a strong possibility for the increase is simply that more people have access to the video market. If we're talking online videos (which is where I assume a huge amount of that is), Internet access is going up all around the world, and of course if more people have the Internet, more people will pay money for video services on it. If so, the fact that numbers are going up because the market happens to be getting larger doesn't mean that piracy isn't an issue or that piracy is contributing to the group, merely that factors unrelated to piracy are able to offset any decreases from piracy.
 
Upvote 0