11-13-2012, 07:41 AM | #286 | |
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3) on day X, before the illegal distribution, the owner of the file transferred ownership of the file to entity E. |
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11-13-2012, 08:02 AM | #287 | |||
what if...?
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Very good points. I'll try to address them, but proposals for amendments are of course welcome :-)
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That said, if someone just doesn't feel happy (or technically competent enough) to manage the security of her/his own media library, they can choose to let it reside on the media vendor's servers and access it via their own proprietary devices and/or programs only. In other words, just as it is today, but with a crucial difference: that it will be a choice of the user, not of the vendor. If, on the other hand, I want to download everything and keep it (without restrictions to copying/backing up) on my own PC, I should be allowed to do so, provided that I take my own responsibilities. Quote:
Again: if a person don't know/want to take adequate security countermeasures, they can avoid keeping the files on their own machines. It's their own choice. Quote:
Getting (or knowing that your neighbor got) one of such fines would make people much more wary of possible consequences... and thus much less likely to incur such consequences. Life ruining files are the current way to scare people into complying to laws that everyone knows are, in practice, almost unenforceable. (I mean, how many massive uploaders have been actually caught?) |
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11-13-2012, 08:03 AM | #288 | |
Wizard
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I think this is clearer if you consider that a file is not a physical object but an abstract concept represented through a physical object. So comparing the ebook (a file) to a pbook (an object) is not helpful. The comparison to the pbook is more properly the hard-drive or memory chip that the ebook lives on. The ebook itself is the exact set of words (along with some formatting info) of the "book". The problem is we use the word book in two ways - to mean the set of words, and to mean a physical object. |
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11-13-2012, 08:07 AM | #289 | |
what if...?
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However, on second thought I decided that this possibility is something that we should accept to have lost with the switch to infinitely copiable media files. Otherwise, what would prevent me from buying media, then making a copy of them, and finally reselling the media? This would constitute a damage to the author (and media vendor). |
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11-13-2012, 08:16 AM | #290 | |
what if...?
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Then, you can do whatever you want with the file you bought, but you are responsible for what you do. By the way, in this particular case the analogy with paper books holds. If I buy a paper book, scan it and publish its contents on a torrent site I *am* infringing someone else's intellectual property. |
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11-13-2012, 08:16 AM | #291 |
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11-13-2012, 08:18 AM | #292 |
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And under your proposed system, the analogy would be that if I took your paper book, scanned it and published it, you would be presumed to be guilty unless you could prove otherwise.
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11-13-2012, 08:31 AM | #293 | |
what if...?
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If I trust you and you upload my media all the same, two cases are possible (after the police sends to me an email asking for the data of the person(s) I think might have uploaded my files, in this example you): 1) you admit to having uploaded the media and so you get to pay your part of the the fine while I am discharged of any responsibility; 2) you admit nothing (and so probably get out of it for free) while I get to pay my part of the fine. However, in my view I deserve the fine, for having given my files to an unreliable person liable to commit unauthorized media distribution. Next time, no books for you (if I ever talk to you again!). |
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11-13-2012, 08:43 AM | #294 | ||
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Why is there a difference between him giving someone his hammer and them doing something bad with it, and you giving someone your files and them doing something bad with them? |
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11-13-2012, 08:44 AM | #295 | ||
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And they would never share it with anyone else? Otherwise, how would you know it was me, rather than someone else you had shared the file with? Or someone they had shared it with, and on and on and on. Or are you going to send the police a list of all people you have ever shared the file with? And are they going to contact them and ask for lists of all the people they have shared the file with, and so on? Quote:
a) one of the other people you shared it with b) one of the people they shared it with, ad infinitum c) someone who gained access to the computers of any of the above people without their knowledge d) someone who put your identification in the file to cause you hassle, and the file never came from you in the first place Strong identification is only possible with un-modifiable files, so with are right back to DRM again. |
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11-13-2012, 08:51 AM | #296 | ||
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I think these two quotes illustrate the main points that I don't like about this proposal:
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I suspect BoldlyDubious and I will never reach agreement on this. |
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11-13-2012, 08:52 AM | #297 | ||
what if...?
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Of course if I report a "media theft" a week, the police could get a trifle suspicious... :-) |
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11-13-2012, 08:55 AM | #298 | |
what if...?
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Can't happen. Could work only if the file is one that I actually bought. Of course, if you have made enemies with the CIA, this could be an issue ;-) Last edited by BoldlyDubious; 11-13-2012 at 08:57 AM. |
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11-13-2012, 08:59 AM | #299 | |
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1) [...] how would you know it was me, rather than someone else you had shared the file with? Or someone they had shared it with, and on and on and on. 2) Or are you going to send the police a list of all people you have ever shared the file with? And are they going to contact them and ask for lists of all the people they have shared the file with, and so on? |
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11-13-2012, 08:59 AM | #300 | ||||||
Wizard
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Quote:
Quote:
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However, the point I was referring to was: Quote:
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