Thu Apr 05, 2012 10:37 am
I don't think the EFF wants piracy. They just don't want net nanny forced on us either.
The problem isn't as much with piracy as it is with the way the studios went about fighting it. We all know the story of the pre-teen girl who was randomly selected and and billed something like 20,000 dollars for copyright infringement.
Pirates would not have purchased the content anyway, that's the first fallacy that the studios need to lose in order to gain credibility. The person who downloads the content is a problem yes, but it's the one who SHARES it that needs to be sued.
If I download a song you don't know if I will buy it or even already own it. I've downloaded songs I own because often it's easier that ripping them myself. What if I download a song, like it and buy the album? Did I pirate? What if I don't like it so don't buy it? Am I pirate because I didn't like even if I would have bought it had I? If TW sees me downloading their music and comes after me they better be flower sure I don't own the CD or else the EFF and other legal activists will have ammunition against them. Fair use doctrine still allows a digital copy of any media and the way I get it is none of their business.
I'm not sure about the stealing term either. I'm not sure it applies and I know that usually it isn't used in a courtroom for such cases. Theft means you took something either physical or intellectual. You didn't take the only copy of the movie or the rights to it. It also implies, as I said before, that the pirate would have paid for the content had they not "stole" it which is usually (not always) wrong. They lose sympathy when they talk about "stealing" and it turns out the "theif" was a little boy who wanted background music for a skateboarding video on youtube.
I'm not soft on pirates even though it may sound like I am. I just think going to extremes like the MPAA and RIAA like to will hurt them. Look at SOPA for a perfect example. A law that would have included taking the site owners to court and had full due process in front of a jury would have been fine. They didn't want that however and insisted on an internet "off" button that they could have pressed until the site owner proved he wasn't guilty. The complete reverse of a fair judicial system. In the end they ended up losing it all because they are, quite frankly, idiots when it comes to understanding their customers.
-Marshall-
Nun sacciu, nun vidi, nun ceru e si ceru durmiv.
I know nothing, I see nothing, I wasn't there,
and if I was there, I was asleep.