The Three False Arguments of Media Pirates
As my first actual blog post, this is a very touchy subject. I do not take sides when it comes to piracy. I am just presenting the facts.
First; What is internet piracy? (AKA RIAA, MPAA, and DCMA's favorite word, "Copyright Infringement.)
"Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder's "exclusive rights", such as the right to reproduce, distribute, display or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying "intellectual property" without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator."
Ever downloaded a nice little desktop wallpaper from the internet that looks like a professional photographers piece?
Pro-tip: It most likely is.
It's not using it that gets you caught (since a majority of content is released under C&C licensing), it's redistributing/modifying/claiming it without the authors permission that gets you caught.
So for example, it seems we have a lot of Adventure Time fans here on Tumblr. Let's say I want to make a cool Adventure Time desktop background for myself and I want to share it with the rest of the fandom. Using it for myself might not have been a problem and I highly doubt they would pursue you because you had it as your desktop background without their permission. Now, let's say I release this wallpaper and for some reason, the media company that produces it takes notice and gets pissed off because you neither asked for written permission to use the content or claiming that you had made the original content even though the media company owns the rights to it.
Sometimes, this is when you're sent a notice. You have before so long to remove the content, and usually they will leave you alone afterwards unless you reupload it or redistribute it.
There's also the argument of, "Well, what if I give the author credit? They can't sue me then."
Not true. That would be the same as me making an exact copy of your Social Security number, using it to gain government aid, and putting an I O U on your doorstep (Signed by, So long and thanks for all the fish.)
Now that I've discussed the very basics of piracy law and the way it works, let's talk about the biggest problem all those evil media companies have with dirty little pirates. (Argggg)
My favorite one is; "It's not hurting the company, they make millions!"
It's a classic, and let me tell you why it's partially true and partially false. Media companies are hellbent on making money. It's all they are there for. They book shows, concerts, fund production of new albums, equipment for the artist, etc. These guys are literally the sugar daddy for anyone who wants to have a decent career as a music artist. It would be really hard (and not realistic) for an artist to be able to do all of this on his own. That is why they hope they get signed to a decent label.
Now that you've signed your rights away to a media company, this is where it gets really tough for artists. They make about as much money as they sell music, merchandise, and concerts. It's exactly like commission if you were a salesman. The media companies don't care about how poor you are. If you can't sell a product that you now signed over to them, they want nothing to do with you and you start from the ground up (and sometimes get washed up).
Another one of my favorites is; "How can the feds know if I legally or illegally downloaded music? How do they know I didn't buy the CD, rip it and throw it away?"
A lot of people won't ever know or care about this, but in the IT field (at least if you're an on-call technician for home repairs), you have to know this, especially for CYA (Cover Your Ass).
Let's say I'm at a clients house and the primary reason I'm there is to remove viruses from things they've downloaded. I can't snoop through their stuff, because I could get sued, but if I ever had to remove the source of a virus from a folder full of pirated music, I'd have to stop, inform my boss about it, and he'd call the authorities. It's a douchebag move, but why would I do it? Again, CYA. It would be the same as me going to a serial killers' house, seeing a bunch of dead bodies in the basement and not reporting it. You are an accessory to a crime, and you could be pinned with assisting them.
Now that I've discussed that, the real thing I want to point out is that a while back, media companies thought of this idea that if you give media unique codes, they could be easily traced if they were bought, modified, or stolen. (Ever wonder why your video on Youtube was removed instantly or it was muted?)
This technology is called ISRC. It was developed so that media companies had legitimate proof that radio and other sources would have to pay royalties to them if they used their content.
The federal government and other lobbyists against piracy took advantage of this technology to proof against piracy. What I mean is, if you download a song off of god awful programs like Azure or Frostwire, chances are you're going to get caught if they ever do an investigation, mostly because it's marked as a non-paid royalty or there is no ISRC code on the audio. (This also applies to other media)
Another one I like to debate is; "I live in a country with no piracy laws, they can't charge me with anything because I do not live within US jurisdiction."
This is where things get a little touchy and a little more vague. While yes, that is true, legally, it has happened before. Whether or not this is morally or ethically right, the US somehow convinces other countries to take action against pirates that aren't in their jurisdiction. For example, (as technology media reports it), Pirate Bay's Gottfrid Swartholm Warg was arrested in Cambodia for Hacking and Copyright Infringement charges. As I am trying to be neutral, I will not comment on how I think the US government convinced to arrest him out of their jurisdiction, but it's a perfect example of what can happen to pirates who just go a little too far and have the unwarranted attention they created.
So, in conclusion, the issue of piracy is more than just internet freedom and unethical conduct against those who do hurt companies. There's a lot of grey-area that comes into play and for the most part, the whole piracy kick is really just a shitstorm of irrational emotion and money matters.
