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11-19-2012, 02:23 PM | #421 | ||
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For this reason the phrase "you're wanting to change it from a civil to a criminal case" is a bit obscure to me. Do you mean that this is the only way something like the scheme I propose becomes feasible? Or that some aspect of the scheme make the switch necessary? Why there is a difference with respect to the current type of fines? Quote:
I didn't say that these things are impossible; I said that they require (sophisticated technical knowledge and time or) money. And people who pay money to do criminal acts don't usually do that to give the results away for free to unknown people. So I'm pretty convinced that people who upload music or books won't use this kind of tools. If your PC is so full of security holes that any script kiddie can steal your books, getting a $300 "warning" (read: fine) could be a good thing for you! Maybe the next kiddie will go after your credit card data instead. |
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11-19-2012, 03:07 PM | #422 |
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I am grateful to all of you posters for your contributions. You gave life to a very stimulating and enjoyable debate, and helped me to shape my proposal (last version is in post #356) for a "social DRM" system that empowers media users without increasing piracy (just the opposite, actually).
Now it seems to me that, among the problems raised by you posters so far, only two have not yet been already tackled, both of them "technical" ones:
For what concerns point 1, I really can't say anything and am looking forward to comments from experts. For what concerns point 2, I'm asking if any of you have hard data about the following issue: how much of the illegal uploading that takes place today is actually due to the original buyer uploading the file? (The rest of illegal uploading is due, of course, to people who got the file from any other source, including the original buyer, through any means.) This is a key point, because my scheme has no diminishing effect on this type of piracy (while it has on all other types). I had lunch today with a colleague who worked on these issues, and he told me that "buyers-uploaders" could even represent the vast majority of uploaders. Can some of you provide numerical data about this? Finally, I noted a strange thing. Among all the critiques, no alternative proposals emerged. Up to now, only one single poster proposed a copy-control scheme that was alternative to mine (precisely, the proposal was: no DRM of any kind at all, and let's boycott publishers that don't comply until they change their ways). I would have liked to read more of these alternative proposals, because they're very interesting as a source for inspiration and to highlight the shortcomings of mine. Is it possible that (among all of us people interested in ebooks and digital publishing) there isn't a wealth of innovative ideas about how to do better than current DRM systems, either on the side of user possibilities or on that of controlling piracy? Last edited by BoldlyDubious; 11-19-2012 at 03:09 PM. |
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11-19-2012, 04:47 PM | #423 | ||||
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Long story short, what you want isn't exactly legally compatible with our current judicial system. Quote:
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Problem is, most of these use issues known with common software, that can take months for the developer to patch. You can have an up to date system, and take proper precautions and get pwned by a skiddie. Usually these holes are found by different people, and tools are made to exploit the issues before they're ever made publicly known. That's why they're called 0-day exploits. People are taking advantage of issues as soon as it is made public. An example of this is the brand new Wii U system just publicly released yesterday, and yesterday people had discovered and implemented a method to play homebrew games. Really isn't all that complicated, and just requires a copy of Super Smash Bros Brawl. Quote:
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11-19-2012, 05:10 PM | #424 | ||
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11-19-2012, 11:33 PM | #425 |
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If they sued everyone, legal fees would eat into profits. Now they just cherry pick for the easy wins, and settle the rest out of court. Plus it is extremely difficult to prove who did what. they only have an IP address. They have to get account info on whose account had that IP at that time, which usually requires a court order. Then they have to basically get the people to admit fault, because only the person who did it can get in trouble. The account holder isn't liable. Like if you borrow my car and crash into someone, you and your insurance are the ones on the hook. I would only be liable if i knew you shouldn't be driving and let you anyway.
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11-20-2012, 04:11 AM | #426 | |
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If things are like this, we cannot expect that publishers agree to changes unless these ensure to them the same capability of threatening people into (unfair) submission that they have today. Which is precisely the reason why changes are required. In this context, the only real hope (in the short/medium term, at least) lies in governments realizing what's really happening, and the damage that the draconian laws demanded by publishers to safeguard their position of power are doing to democratic countries. I'm not holding my breath for that :-( |
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11-20-2012, 08:18 AM | #427 |
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It is. There are entire companies that just buy patents and copyrights in order to sue others. They make nothing and do nothing but sue others.
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11-20-2012, 09:25 AM | #428 | |
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About media publishers, the way you describe the situation says that they are turning into just another category akin to patent trolls... |
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11-20-2012, 09:59 AM | #429 | |
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One guy paid for a porn video subscription and downloaded 9 videos. Each were watermarked to show he was the one that downloaded them. They were then shared via p2p (the one article i saw made it seem like his downloads were automatically shared). He ended up being sued and having 1.5 million dollars in restitution awarded against him. Given the porn industry and its low budget high volume methods, i wouldn't be surprised if that was higher than the amount made off all 9 movies. |
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