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Weigh in on piracy here!
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STEALING: IS IT WRONG?
Always.
22%
 22%  [ 8 ]
Nah, not really
45%
 45%  [ 16 ]
Conscientious objector status
31%
 31%  [ 11 ]
Total Votes : 35

Author Message
Talbain



Joined: 14 Jan 2007

PostPosted: Tue Oct 02, 2007 6:06 am        Reply with quote

Broco wrote:
showka, I appreciate your sense of fairness and your feeling that it's unjust that people are getting a free ride while you're paying. I just think the kind of morality you're applying here is an individual one, one that works best for things like murder and adultery and such. Piracy is an action which only has negative effects in the aggregate -- and in that type of situation, everyday ethics tend to mislead us and create harmful errors.

Economics is a form of ethics which was developed specifically for aggregate behaviors. It can lead to conclusions that are hard to swallow. Among other things, economic policies always create many winners and many losers. In many cases the ratio is lopsided: it is 90% winners and 10% losers. But that is still thousands of losers, and it's natural to sympathize with them and reject the policy to protect them. In addition, there is always a way to apply individual-morality concepts such as fairness and justice to support whichever side we prefer. The Soviet Onion deployed the word "justice" to claim that consumers are abused and they are in their rights to redress the situation through piracy. Then showka deploys the concept of fairness and proper compensation to argue that there shouldn't be piracy at all.

The way this kind of thinking can be twisted to support any position is an indication that it's inapplicable in the first place. There will always be losers and it will always trigger our sense of injustice when seen from the right angle. Just forget about fairness and choose the option that creates the most winners and the least losers.

Just as a sort of poke at your argument, what happens when the losers are the content creators? I think it's arguable that the potential for innovation might be quashed if the 10% that loses comes up with something that might completely change society. Nikola Tesla would be a really good example.
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Corinth
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Joined: 05 Dec 2006

PostPosted: Tue Oct 02, 2007 6:06 am        Reply with quote

EmX wrote:
Who said I was a libertarian?

Actually he called you a capital L Libertarian, which is even worse.
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EmX
banned


Joined: 05 Dec 2006

PostPosted: Tue Oct 02, 2007 6:08 am        Reply with quote

Slipstream are you still mad because you said something dumb earlier in this thread?
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slipstream
hates LOTR films


Joined: 05 Dec 2006

PostPosted: Tue Oct 02, 2007 6:16 am        Reply with quote

EmX wrote:
Who said I was a libertarian?

I thought you did in the libertarian thread. Which isn't around anymore unfortunately.
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Toto



Joined: 05 Dec 2006
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PostPosted: Tue Oct 02, 2007 8:38 am        Reply with quote

Is it a joke that all libertarians are morons or something?
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CubaLibre
the road lawyer


Joined: 02 Mar 2007
Location: Balmer

PostPosted: Tue Oct 02, 2007 5:21 pm        Reply with quote

Broco wrote:
showka, I appreciate your sense of fairness and your feeling that it's unjust that people are getting a free ride while you're paying. I just think the kind of morality you're applying here is an individual one, one that works best for things like murder and adultery and such. Piracy is an action which only has negative effects in the aggregate -- and in that type of situation, everyday ethics tend to mislead us and create harmful errors.

Economics is a form of ethics which was developed specifically for aggregate behaviors. It can lead to conclusions that are hard to swallow. Among other things, economic policies always create many winners and many losers. In many cases the ratio is lopsided: it is 90% winners and 10% losers. But that is still thousands of losers, and it's natural to sympathize with them and reject the policy to protect them. In addition, there is always a way to apply individual-morality concepts such as fairness and justice to support whichever side we prefer. The Soviet Onion deployed the word "justice" to claim that consumers are abused and they are in their rights to redress the situation through piracy. Then showka deploys the concept of fairness and proper compensation to argue that there shouldn't be piracy at all.

The way this kind of thinking can be twisted to support any position is an indication that it's inapplicable in the first place. There will always be losers and it will always trigger our sense of injustice when seen from the right angle. Just forget about fairness and choose the option that creates the most winners and the least losers.

You place far too much faith in the power of a laughably named "science" to discern moral criteria. In fact, economics as a "science" merely produces consequences out of premises. It doesn't provide any insight on which consequences are the desirable ones.

Even worse, this "science" isn't in fact objective at all and is almost as easily manipulable as the moral concepts (like "justice") that you malign. Adams and Marx were both economists.
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EmX
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PostPosted: Tue Oct 02, 2007 5:57 pm        Reply with quote

Toto wrote:
Is it a joke that all libertarians are morons or something?


http://forums.somethingawful.com/showthread.php?threadid=2512912

I'll never explicitly admit my political views here!! Ha ha!?
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The Soviet Onion



Joined: 05 Dec 2006

PostPosted: Tue Oct 02, 2007 6:12 pm        Reply with quote

Toto wrote:
Is it a joke that all libertarians are morons or something?


Well, it isn’t all Heinlein and bong hits.


Duplication isn't really zero sum, Broco. I don't understand how you can keep talking economics but overlook that the value of anything is linked to its rarity. The reason I said it wasn't relevant is that zero-sum or not, the choice to duplicate isn’t ours to make. The creator of the intellectual property is the only person with the moral authority to set those terms (or to pass the responsibility of setting them on to someone else). Given that the item in question wouldn’t exist without them they’re justified in placing whatever restrictions on copying it they choose. That's part of what owning something means.

Believe me, all this stick it to the man stuff isn't normally my style at all and it puts me in company I find uncomfortable. Please don’t confuse me with those overprivileged cunts like Cory Doctorow who believe that all the riches of the earth are theirs by right, who’d simply die without their animes on tap. They can take their spoilt-brat approach to socialism and fuck right off. I’m not trying to justify theft by saying I really, really, want what I’m stealing, or that what I’m doing is actually helpful and the industry is just too dumb to realise it. We’re in a very unusual circumstance; the entertainment industry has been cut slack that no other would get. I don’t know how anybody can look at their interference with legitimate filesharing technologies or at copy protection techniques like StarForce and not get angry.

Broco, your argument in defense of piracy seems kind of utilitarian to me. How can the basic elements of morality be changed through the process of aggregation? The entertainment industry has crossed a line and this is more swift than a simple boycott. The intended long term effects of the kind of piracy I’m defending are to simultaneously punish them for what they’ve already done whilst lessening their ability to commit further wrongs.

I know we’re all civilised people here, that we’ll all go and buy something we’ve discovered through piracy if we like the cut of its jib. In and of itself that’s not a bad thing. Like I said: it sorts the wheat from the chaff. What I’m wary of is the long-term effects, the erosion it causes to the concept of personal property.


Last edited by The Soviet Onion on Wed Oct 10, 2007 3:05 pm; edited 1 time in total
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Shapermc
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Joined: 04 Dec 2006
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PostPosted: Tue Oct 02, 2007 6:53 pm        Reply with quote

While I'm not going to chime in on this because, well, internet argument lol, I will state that I don't agree with many current Digital Media Rights and Anti-Pirate formats going around. Mainly because I know how this shit works, and the only people getting burned on this stuff are the ones who actually own/pay for the shit.

For example, the 360's XBLA works like this: If you buy a game you can play it online from any console and you can redownload it later no problem. You can only play it offline on the system you bought it on initially with the memory hardware you first downloaded it to. So, for example you download it on System A and HDD A but then upgrade to HDD B which is larger. You can only play the game online now because the dmr shit notices that you may be faking free games on your system. Another example which is more irritating and common is that System A crashes and you replace it with System B then you have to jump through hoops again.

Anyways, it's irritating. The same with dialing into Steam/Whathaveyou to confirm your key. I mean, this is just a mild deterrent which may push a few more copies for a week, but people who really don't want to pay will find ways around this. It's inevitable.

That kind of thing pisses me off because I have to jump through about the same amount of hoops to get something I paid good money for that someone who knows their way around a computer will probably be able to get for free.

Anyways, I don't agree with/enjoy/support paying for "digital content." Be it MP3s, Movies, Books, or Art. I just can't grasp it. I have no problems paying for physical media because I know that if I take care of it that I will always have it (barring degrading over time, but that happens with digital storage devices too). I don't like paying for something that's dependent on either A) My hard drive never crashing or B) Accessing a server/company that I know has a high chance of not being around in 5-10 years.

Umm, basically this amounts to fuck iTunes.
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showka



Joined: 04 Dec 2006

PostPosted: Tue Oct 02, 2007 7:28 pm        Reply with quote

Broco wrote:
showka, I appreciate your sense of fairness and your feeling that it's unjust that people are getting a free ride while you're paying. I just think the kind of morality you're applying here is an individual one, one that works best for things like murder and adultery and such. Piracy is an action which only has negative effects in the aggregate -- and in that type of situation, everyday ethics tend to mislead us and create harmful errors.


I see what you're saying, at least I think I do, but since everyone's speaking personally here, shouldn't individual morality apply?

Maybe you're just playing devil's advocate for the pro-piracy group so understand what I'm about to say is not directed at you.

Justifying any personal action you know will affect someone negatively because you believe it is only harmful if enough people do it is a sign of an irresponsible person and a great way to justify any number of vices. Under this standard public polluting the commons (like dumping your trash in a river) is only negative "in the aggregate," as is casually breaking traffic laws when you're sure it won't cause an accident, cheating on your taxes, and refusing to spay or neuter your cat. All of these things would not be that harmful to society if a small enough number of people did them. And yet they are, because enough people think that way that the group becomes too large.

It also seems sociopathic to know you'd be causing a negative consequence with your actions but choose to do so anyway, under this idea that you get to (for no merit-based reason at all) be part of this special group that doesn't get the shaft.

I think part of the problem is people don't understand the harm in a single act of piracy. The best excuse is the often invoked "but I wouldn't buy that CD / DVD / game anyway," which falls apart readily under close examination.

If you are choosing waste time stealing media and watching it, what are you contributing to society? Nothing.

If you pay for media, then you're contributing to the people who own the IP.

Whether the current IP owners deserve to make that much money off the IP is a different matter altogether and a different debate, but most of the time when pirates offer some glib response about how "the real artists don't see that money" they don't seem to understand the real artists, at some point, signed a contract with someone because they wanted to get something out of it. Maybe they were naive and got screwed over, but 1. how often can you really know that, let alone use it as justification for files you've stolen (especially if you've set up your computer as a Pirate Bay mirror) and 2. does it support any artists to just steal media from a group that was well financed under the idea they'd make money back on it?

That brings me to the next point- if you're busing stealing shit that was expensive to produce instead of trying media that's being given away for free or on a trial basis, how does that support the artists? The message you're giving is "I want to focus my time on media that has been marketed to me by a mass, crass commercial organization but then refuse to pay for it because I hate crass commercial organizations." Let me give you a great example of this:

CubaLibre wrote:
I cannot feel moral compunctions about depriving any large corporation of its property.

I feel for the artists, though. Also, I like the jewel cases with the liner notes and everything.

So sometimes I buy CDs and sometimes I download them. Movies though I buy, the format isn't easy enough to download yet and nothing compares to a true theater experience.


So while you'll steal most things, sometimes, if an artist has spent the financial overhead to produce a jewel case CD with pretty artwork, or has worked with a studio (aka a "large corporation") to get their movies shown in theaters, MAYBE you'll buy it?

This attitude of "I ain't gonna give no corporations my money" is kind of lame when you, at the same time you're giving them so much power.

Meanwhile, the truly independent groups who are trying to do their own thing and don't have major backing lose their shot because you're more willing to spend time looking for stuff you've heard about via bit-torrents than wading through the sea of indie crap to find and support something you might like.

Mr. Apol said, it would cost him $5K to produce one record and he'd need 500 people to buy a copy to break even. At the same time, he has to compete with pirated music that probably cost much more to record than that, because that's the standards you demand.

Finally, let's say you don't pay for media, but don't waste your time with it either. Maybe you'd study more at school, or bust out the library card. Of what if you just paid for media and therefore watched it less? Maybe you'd utilize subscription services like Napster or NetFlix. The worse that could happen is you'd only get to watch two hours of movies a day (assuming you get more than one DVD sent to you at a time and remember to mail one DVD back every morning), and you'd avoid falling into a hording mentality with regards to media. There are worse things that could happen.
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CubaLibre
the road lawyer


Joined: 02 Mar 2007
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PostPosted: Tue Oct 02, 2007 7:48 pm        Reply with quote

Well, really what I was saying is that a product is, as a moral (but not legal) matter, the property of both the publisher (aka big corporation) and the artist. So more often than not I buy my music. I was being glib because um, this discussion has been had before.

Keep in mind that I have metaphysical, political, and legal problems with the very existence of corporations as such and therefore have weird opinions regarding my relationship to their property. Elucidation of these opinions doesn't really belong in this thread.

EDIT: For the record, I have Netflix and occasionally buy CDs and don't have the time to pirate anything these days.
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sawtooth
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PostPosted: Tue Oct 02, 2007 9:25 pm        Reply with quote

i know i'd die without my animes on tap........
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BotageL
pretty anime princess


Joined: 04 Dec 2006
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PostPosted: Tue Oct 02, 2007 9:32 pm        Reply with quote

I'm a cheap bastard with little money, so I pirate, borrow, rent, freeload, etc. Sometimes a piece of media is worth it for me to enjoy, but isn't worth the full purchase price to me, so I pick another avenue of access. Technically speaking, renting or borrowing a piece of media is only slightly better than illegally downloading the media. Sure, someone paid for that copy, but if you hadn't had the other avenue available to you, maybe you would've bought it, you know?

In other words, I'm picking the "I'm killing the anime industry, but I'm not really feeling like stopping" option.
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Mr. Apol
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PostPosted: Tue Oct 02, 2007 9:43 pm        Reply with quote

i mean, i just try to look at it from the perspective of someone who makes the material. i know a lot of artists who don't have huge record deals on huge labels and some of them are very good. i know they'd be sort of irritated of people were just taking their product and not paying for it, since if they're asking for money in the first place they're probably trying to make a living off of it. my friend makes music, but it's not his livelihood so he puts it all up for free on his website.

i guess people don't steal as many books as they do music, but i know for a lot of writers that are starting out, every book counts.

it's still sort of an iffy issue. i don't see it being extremely wrong to pirate music from artists it won't really effect, but really, i rarely want to listen to that music anyway.

on a side note: try going to a small music show and telling one of the kids in a band there that you don't think there's anything wrong with stealing their music.
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Leau



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Location: Metro City

PostPosted: Wed Oct 03, 2007 1:49 am        Reply with quote

That was a really well stated argument Showka. I have a newfound respect for you.
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Talbain



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PostPosted: Wed Oct 03, 2007 2:01 am        Reply with quote

showka, I think your argument falls apart when you start talking about intellectual property. Were you to perhaps define what intellectual property means to you, you could then derive a type of value. To me, the term intellectual property is analogous to something that has no value, but has a perceived value to certain people. But if a certain person doesn't see that perceived value, unless you can convince them that the perceived value is important, there's no argument to be made, because there's no principle for them to support or criticize. Basically, the perceived value is important to person x, but not person y. Person x will not be able to explain it to person y unless they explain the perceived value and why they should change their view on the perceived value of the media in question.
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Leau



Joined: 05 Dec 2006
Location: Metro City

PostPosted: Wed Oct 03, 2007 2:08 am        Reply with quote

I don't want to be dismissive Talbain, but that's not how Intellectual property works under current IP law. You don't have to prove that it has value to you personally or just even anybody. If that were the case lawyers could bring in Judith Galford from Iowa and have her state that Super Mario Sunshine has no percieved value to her, and if the court accepted that analysis, it would be free to distribute because that one person doesn't see the value. The percieved value comes from whomever created the thing. Who cares if I can't prove whatever has value to you in particular?

Perhaps I'm not understanding your argument?
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Talbain



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PostPosted: Wed Oct 03, 2007 3:03 am        Reply with quote

Except that showka's arguments are talking about individual values, such as morality, and not aggregate values, which is what IP is (unless I'm misunderstanding his argument). Essentially, showka's arguments are talking about Judith Galford (though not necessarily in the case you've mentioned).
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SplashBeats
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PostPosted: Wed Oct 03, 2007 4:09 am        Reply with quote

if you're anti-piracy, you must also be anti-used game sales.
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dhex



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PostPosted: Wed Oct 03, 2007 4:27 am        Reply with quote

Quote:
In other words, I'm picking the "I'm killing the anime industry, but I'm not really feeling like stopping" option.


i'd donate money to your cause but that would be counterproductive, so i will instead do a novena and ask the blessed virgin to intercede on your behalf.
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DonMarco
graphics fucker


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PostPosted: Wed Oct 03, 2007 5:10 am        Reply with quote

SplashBeats wrote:
if you're anti-piracy, you must also be anti-used game sales.

If you're anti-used game sales, you must be anti-right to sell your own damned property. Tell me splashbeats, do you ever fucking make sense? Like EVER??

There's a big difference between selling something your bought and selling something you illegally duplicated. Be it a DVD or a torrent of NERO 6.8. If I bought a shit game and want to sell it, to recapture some of that investment, then I goddamned will. If I stand on a street corner waving a copy of Bioshock and asking $50 for it right next to the guy waving a $5 DVD of Transformers with chinese symbols and a picture of Ryan Seacrest on the back sleeve... Guess who's going to get arrested first.

Thank your lucky stars this will only get more attention as digtal distrobution comes in to play. Ever wish you could sell off your XBLA games? Maybe even just trade them around? Well fuck you, man. Because those days are a whiles away.
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extrabastardformula
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PostPosted: Wed Oct 03, 2007 5:27 am        Reply with quote

DonMarco wrote:
SplashBeats wrote:
if you're anti-piracy, you must also be anti-used game sales.

If you're anti-used game sales, you must be anti-right to sell your own damned property. Tell me splashbeats, do you ever fucking make sense? Like EVER??
Um, no. If it were totally your property to do with as you wished you'd be allowed to copy or hack it. You only have a license to use the code as intended. And companies like Nintendo fought hard to try to stop anyone from being able to legally transfer that license to anyone. This is the exact sort of people using our product without paying us bullshit they want to destroy.
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Talbain



Joined: 14 Jan 2007

PostPosted: Wed Oct 03, 2007 5:36 am        Reply with quote

extrabastardformula wrote:
code as intended.

this is where most of the legal problems fall. defining that "as intended" part is rather borked. WoW's TOS and EULA state that you can technically transfer your license to another player; this would allow for eBay and other transactions to occur. Yet... it's not allowed. So... erm, yeah. The courts don't seem to want to deal with it either, because the territory of "virtual property" is hard to define. Yet ultimately, that's what all entertainment media is! Which is why there are so many problems and holes in the codes of laws and probably morals as well as to what's morally/legally permissible.
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SplashBeats
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PostPosted: Wed Oct 03, 2007 5:41 am        Reply with quote

DonMarco wrote:
SplashBeats wrote:
if you're anti-piracy, you must also be anti-used game sales.

If you're anti-used game sales, you must be anti-right to sell your own damned property. Tell me splashbeats, do you ever fucking make sense? Like EVER??

There's a big difference between selling something your bought and selling something you illegally duplicated. Be it a DVD or a torrent of NERO 6.8. If I bought a shit game and want to sell it, to recapture some of that investment, then I goddamned will. If I stand on a street corner waving a copy of Bioshock and asking $50 for it right next to the guy waving a $5 DVD of Transformers with chinese symbols and a picture of Ryan Seacrest on the back sleeve... Guess who's going to get arrested first.

Thank your lucky stars this will only get more attention as digtal distrobution comes in to play. Ever wish you could sell off your XBLA games? Maybe even just trade them around? Well fuck you, man. Because those days are a whiles away.


i'm speaking more about gamestop used game sales, and not you selling your buddy something. i actually think what gamestop does is worse than what some guy downloading games is doing, because they're making large amounts of money off something they have little to no monetary investment in, and certainly no creative investment.

given the choice of used or pirate, i pirate every time.
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CubaLibre
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PostPosted: Wed Oct 03, 2007 5:53 am        Reply with quote

Leau wrote:
I don't want to be dismissive Talbain, but that's not how Intellectual property works under current IP law. You don't have to prove that it has value to you personally or just even anybody. If that were the case lawyers could bring in Judith Galford from Iowa and have her state that Super Mario Sunshine has no percieved value to her, and if the court accepted that analysis, it would be free to distribute because that one person doesn't see the value. The percieved value comes from whomever created the thing. Who cares if I can't prove whatever has value to you in particular?

Perhaps I'm not understanding your argument?

This is actually spectacularly false. The notion of "value" has no particular legal definition just like everything else. Generally speaking, courts define "value" as a "reasonable market value," which these days is a sort of Keynsian modified capitalism, market theory of value and so forth. But not always.

This is why IP law is actually a hugely amorphous and flexible field, because technology is forcing it to expand at such an enormous rate. It would be folly to claim what anything is under so-called "current IP law," especially without defining a fairly strict jurisdiction first.
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Internetics



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PostPosted: Wed Oct 03, 2007 5:17 pm        Reply with quote

SplashBeats wrote:
i'm speaking more about gamestop used game sales, and not you selling your buddy something. i actually think what gamestop does is worse than what some guy downloading games is doing, because they're making large amounts of money off something they have little to no monetary investment in, and certainly no creative investment.

given the choice of used or pirate, i pirate every time.

What about buying a used copy at a yard sale or off a friend? Or is it that you hate Gamestops so much that used games aren't cool at all? Imagine how fucked up video games would be without used game sales.

I mean, kids just growing up now would only be able to play Symphony of the Night if thier older sister gave it to them along with a hopefully working Playstation. Say little sister wants to play something like Katamari Damashi, a game that only came out 2 years ago. She can't go out and find a copy new at any of the gamestops, because their limited shelf space is dedicated to the last 200-300 games that came out with a few greatest hits and best-sellers. Once We Heart Katamari came out, Namco stopped distributing the older katamari, with it's superior music and adorably charming features.

Fuck, without used game sales on eBay, I wouldn't have ever bought or even HELD a neogeo pocket color. Without used game sales at Gamestop, I would never have found a used copy of panzer dragoon saga.

I've easily bought hundreds of atari carts at yard sales. I think i have like 8 systems, 5 working. I do this weird thing where I buy up any copy of Mario Bros for the NES. I have 15 carts! I'll one day have 50,000 and when the world powers collapse, it'll be the new currency. Like bottlecaps in fallout, only more bulky.

you annoy me, splashbeats. go back to communist china, you fricking idiot

:p
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BotageL
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PostPosted: Wed Oct 03, 2007 10:06 pm        Reply with quote

But if you bought a used copy of a game, that's revenue the publisher (and the developer) wouldn't recieve. When you buy a previously-unowned copy of the game, you're purchasing a copy of the game which, through the game store -> distributor -> publisher -> developer chain has directly resulted in filling the coffers of the companies involved in the game's production. If you buy a used copy of the game, you are only compensating the previous owner of that copy of the product. If you weren't able to buy a used copy of the game, you would have been forced to buy a new copy of the product at the price set by the publisher and game store, which would have rewarded the publisher (and maybe the developer). Arguably, this is worse than piracy, as buying a used game is directly a lost sale for the publisher. People who pirate the games probably have a much better chance to have elected to spend their money on another title if piracy was unavailable, but people who bought a used copy of the game were willing to pay money for the product, but elected not to pay the people who produced and developed the product.

DonMarco wrote:
There's a big difference between selling something your bought and selling something you illegally duplicated.

Yes, and if you used your critical thinking skills, you'd've realized that SplashBeats' argument had absolutely nothing to do with selling bootlegged copies of games.
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Mr. Apol
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PostPosted: Wed Oct 03, 2007 11:46 pm        Reply with quote

someone argue with me dammit
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Leau



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PostPosted: Thu Oct 04, 2007 12:52 am        Reply with quote

Firstly Cubalibre! Settle down! Of course the law is flexible. If it wasn't there would be no need for lawyers because you couldn't argue points. When I say current IP law I don't mean to imply that there is an iron over-reaching policy. I wasn't speaking in a singular sense as in "the" IP law, yeah? Of course its blossoming in all different directions. That's why so many law studentsa want to go into it.

BotageL wrote:
Arguably, this is worse than piracy, as buying a used game is directly a lost sale for the publisher. People who pirate the games probably have a much better chance to have elected to spend their money on another title if piracy was unavailable, but people who bought a used copy of the game were willing to pay money for the product, but elected not to pay the people who produced and developed the product.


That's...and odd argument. That stealing a game is better then buying it used? I mean I understand what you're saying. It's another level of morality; deciding where exactly you want your money to go when you buy something. BUt I think the presumption that one who pirates a game will use the money they saved by not buying it to buy something else is entirelly false. First people who tend to pirate games tend to pirate everything. Look at the posts in this thread. No one is saying well I pirate this game so I can afford this other one. That's ridiculous. It's too tempting to just take everything. Ask Splashbeats. If this thread keeps going he could write a sonnet on how much he pirates and loves to do so. I'm looking foward to it. NO one sets aside like $100 and says well everything i don't pirate I'll buy. Now what some people do is they will download a game try it, really like it, and then go and buy it. That does happen from time to time. You could argue that point. But I think it's the exception.

and secondly...what about the first game they pirated so they could buy the second. Isn't that first publisher deprived at the expense of the second? Why is that better?

Regardless this is a theoretical argument. The law is pretty clear yes? You can't be dragged to court for buying a used game. You can for downloading something illegally. I don't think you'd be able to argue in favor of the latter.
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BotageL
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PostPosted: Thu Oct 04, 2007 1:02 am        Reply with quote

Leau wrote:
and secondly...what about the first game they pirated so they could buy the second. Isn't that first publisher deprived at the expense of the second? Why is that better? That's not a good argument for it.


My point was more along the lines of "the pirate might never have bothered with Title X at all had they not gotten it for free, as they would not have felt it was worth the money. Instead, they probably would have just purchased Title Z, which they would buy anyway because they believe it to be worth their money." There are plenty of situations where a person might get to acquire or consume a piece of media without paying for it, but that doesn't always mean that they would have paid for the product if they hadn't gotten it for free. It's like when I (and most of NeoGAF) won free copies of Destroy All Humans! 2. I wouldn't have bought the game if I hadn't won a free copy, but I quite enjoyed the free copy I recieved. So, it's not that Company Z benefits from Company X's loss, it's that, often, Company X was not really losing anything, as the pirate may have had no intention of ever paying for Product X but had intended on purchasing Product Z regardless. But when you buy a used copy of Product X, that's saying that you felt Product X was worth your money, but wasn't worth giving your money to the people who created it. That's the argument, anyway.

Quote:
Regardless this is a theoretical argument. The law is pretty clear yes? You can't be dragged to court for buying a used game. You can for downloading something illegally. I don't think you'd be able to argue in favor of the latter.

Pretty much every time I bring up this point, the reponse is "well, piracy is illegal and used games sales/renting/borrowing/etc. aren't illegal, so, you lose." Yeah, from a legal standpoint, but I'm not arguing about what the law says.
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CubaLibre
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PostPosted: Thu Oct 04, 2007 2:19 am        Reply with quote

Leau wrote:
Regardless this is a theoretical argument. The law is pretty clear yes? You can't be dragged to court for buying a used game. You can for downloading something illegally. I don't think you'd be able to argue in favor of the latter.

It's obvious that piracy is illegal. The question is, should it be?

The fact that it is illegal is just a data point in considering the "should" question; it's not the answer to the question. More importantly, what, exactly is illegal, and how much, isn't really defined in any strict way at this point. The courts are still feeling their way around the issue. This was my point before.

So how would we want the courts to come down in the end? What kind of legislation would we like to see regarding IP? Just because something is illegal doesn't make it wrong. We have to consciously decide what, exactly, is wrong and then alter the law afterwards.
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PostPosted: Thu Oct 04, 2007 2:21 am        Reply with quote

I believe that pirating actually has positive social effects overall and I'd argue that's more important than any ill effects that may occur as a result of it. A simple example is that I would never have had the opportunity to listen to The Beatles were it not for pirating. I think that everyone should have the opportunity to listen to this music, not just those that can afford to do so, because it has a great deal of cultural and historical relevance. I'd say the same is true with certain books, films, movies and even videogames. They should be experienced because the experience itself is the value. While I'd pay for these experiences when possible, paying for something like The Tale of Genji helps nobody except the publisher. I don't believe the publisher has the right to profit from a work they have no stake in. They're not helping this author create anything, nor will they ever be able to. In some ways it's along the line of LegatoB's argument, though I don't entirely agree with his argument, since buying a used copy of a game assumes that at some point a producer or developer got paid for their work.

Another example: I recently got a used copy of Metal Gear Solid 3: Snake Eater for free at a Hollywood Video that was going out of business. Am I "stealing" the game since they gave it to me free of charge? By most of these arguments that are anti-piracy, they assume that I am. At best, they assume that even if I get a free copy of something, I should pay somebody at some point because that's the only way to really appreciate the work or something, but I don't really support this viewpoint.
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Mr. Apol
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PostPosted: Thu Oct 04, 2007 3:53 am        Reply with quote

Talbain wrote:
the beatles


what the fuck are you talking about?

guys i don't think i could've ever listened to elvis had it not been for kazaa
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Talbain



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PostPosted: Thu Oct 04, 2007 4:09 am        Reply with quote

Mr. Apol wrote:
Talbain wrote:
the beatles


what the fuck are you talking about?

guys i don't think i could've ever listened to elvis had it not been for kazaa

The fact that you aren't actually addressing an argument is why nobody argues with you Apol.
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CubaLibre
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PostPosted: Thu Oct 04, 2007 4:29 am        Reply with quote

Talbain wrote:
Another example: I recently got a used copy of Metal Gear Solid 3: Snake Eater for free at a Hollywood Video that was going out of business. Am I "stealing" the game since they gave it to me free of charge? By most of these arguments that are anti-piracy, they assume that I am. At best, they assume that even if I get a free copy of something, I should pay somebody at some point because that's the only way to really appreciate the work or something, but I don't really support this viewpoint.

Talbain I like you but this is dumb. Gifts are an ancient and legally cognizable disposition of property. They have literally nothing to do with piracy.
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PostPosted: Thu Oct 04, 2007 4:38 am        Reply with quote

CubaLibre wrote:
Talbain wrote:
Another example: I recently got a used copy of Metal Gear Solid 3: Snake Eater for free at a Hollywood Video that was going out of business. Am I "stealing" the game since they gave it to me free of charge? By most of these arguments that are anti-piracy, they assume that I am. At best, they assume that even if I get a free copy of something, I should pay somebody at some point because that's the only way to really appreciate the work or something, but I don't really support this viewpoint.

Talbain I like you but this is dumb. Gifts are an ancient and legally cognizable disposition of property. They have literally nothing to do with piracy.

Yes, except that I gave a friend my WoW account with no restrictions and freedom to do whatever he wants with it, yet if Blizzard finds out that I've given it to him, they can ban him. These days, even gifts are rarely seen as such.

Regardless, you have a point, and I'll retract the argument.
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CubaLibre
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PostPosted: Thu Oct 04, 2007 4:47 am        Reply with quote

A WoW account is an ongoing contractual agreement and it's part of the agreement's terms that you can't transfer your consideration onto another party. A WoW account is not your "property" at all, it's Blizzard's side of a deal you've made with them.

Gamestop's copy of MGS3 is property they own and it's their prerogative to give it to whomever they see fit. If they couldn't it wouldn't be "property" at all.

Of course, that's what makes IP so weird: no physical object to transfer, and the ability to make unlimited fungible copies.
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Talbain



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PostPosted: Thu Oct 04, 2007 5:17 am        Reply with quote

CubaLibre wrote:
A WoW account is an ongoing contractual agreement and it's part of the agreement's terms that you can't transfer your consideration onto another party. A WoW account is not your "property" at all, it's Blizzard's side of a deal you've made with them.

Gamestop's copy of MGS3 is property they own and it's their prerogative to give it to whomever they see fit. If they couldn't it wouldn't be "property" at all.

Of course, that's what makes IP so weird: no physical object to transfer, and the ability to make unlimited fungible copies.

But why is a WoW account not my property, while a videogame such as MGS3 is my property? They're both just virtual collections of number sequences run through an interpreter, if we break it down.

The only argument that regularly comes up is that it's because the data is stored on Blizzard's servers, and therefore Blizzard has exclusive rights to the data. Yet I store my save data on a Sony Memory Card. Does that mean I don't have the rights to that data either, or do I only not have the rights to it if they say I don't?

Basically, what I want to know about this sort of thing is, who decides who owns what data, and why? If the companies are deciding, that's not going to be good for consumers, ever (and the banning of accounts which had no malicious intent is certainly evidence of this).

As an addendum, this "IP" malarkey gives me a headache.

Edit: Also, WoW's TOS or EULA allows/provides for transactions of ownership for an account. Interestingly though, you're still not allowed to change some of the initial user's settings, which is completely beyond me.
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DonMarco
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PostPosted: Thu Oct 04, 2007 5:20 am        Reply with quote

BotageL wrote:
But if you bought a used copy of a game, that's revenue the publisher (and the developer) wouldn't recieve. When you buy a previously-unowned copy of the game, you're purchasing a copy of the game which, through the game store -> distributor -> publisher -> developer chain has directly resulted in filling the coffers of the companies involved in the game's production. If you buy a used copy of the game, you are only compensating the previous owner of that copy of the product. If you weren't able to buy a used copy of the game, you would have been forced to buy a new copy of the product at the price set by the publisher and game store, which would have rewarded the publisher (and maybe the developer). Arguably, this is worse than piracy, as buying a used game is directly a lost sale for the publisher. People who pirate the games probably have a much better chance to have elected to spend their money on another title if piracy was unavailable, but people who bought a used copy of the game were willing to pay money for the product, but elected not to pay the people who produced and developed the product.

That's a crap arguement. Or observation. I kinda just skimmed over the most of it.

If you put two copies of Halo 3 on a table in front of Buyer X. Without telling of the specifics, Copy 1 is $55 and Copy 2 is $60. Now you say that Copy 1 is second-hand, but in great condition with the box and everything with no scratches on the disc. Copy 2 is a sealed mint copy. And there's the rub. No where does it eveny remotely matter who gets the money, as Buyer X is only thinking "do I want to spend more or less?" Not "those poor chaps at Bungie deserve my money more than not."

Video gmae companies HATE that Gamestop sells used games. $5 less or $10 less, if even one customer says "gimme the cheaper one" that's $50-60 of business going to Gamestop. However! The great balancing karma gods, being the bitches they are, used games only exist if people who did buy them new wish to sell them. Games that usually aren't traded back are multiplayer games, role-playing games, big budget games with tons of replay value, and that little thing called... fun?

And let's not forget that we live in a capitalist country. If there's a buck to be made, go for it. That's why video games cost $60 instead of $30. That's why 8MB memory cards cost $35 at the PS2 launch. That's why they'll never stop churning out pokemon and mario sequels. All the while older pokemon sequels and older systems can only be found used.

BotageL wrote:
DonMarco wrote:
There's a big difference between selling something your bought and selling something you illegally duplicated.

Yes, and if you used your critical thinking skills, you'd've realized that SplashBeats' argument had absolutely nothing to do with selling bootlegged copies of games.

My bad. I thought this was a thread where people weigh in on piracy!! Oops!
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PostPosted: Thu Oct 04, 2007 7:39 am        Reply with quote

donmarco stick to one account when you argue with someone, it makes things less confusing.

also i think this thread should now be about how elvis was an artistic pioneer in regards to rock and roll music

because damn i haven't heard something dumber than that in a long time
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PostPosted: Thu Oct 04, 2007 11:43 am        Reply with quote

SplashBeats wrote:
donmarco stick to one account when you argue with someone, it makes things less confusing.

also i think this thread should now be about how elvis was an artistic pioneer in regards to rock and roll music

because damn i haven't heard something dumber than that in a long time

dumber than what?
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