I don't understand anti-piracy laws.

Discussion in 'General Off-Topic Chat' started by Dwight, Apr 3, 2009.

  1. Dwight

    Dwight Gawb. Gawb Bluth.

    Aug 14, 2008
    United States
    Washington State
    Not so much anti-piracy laws, but laws about torrents, p2p filesharing, and all that stuff in general. This post will probably make me look like a hipocrit, since I pirate a lot of stuff, but just pretend that I didn't [​IMG]

    I don't understand why the government can't just shut down torrent sites, and other p2p services in general. I understand the laws behind why they can keep torrent sites up and running, because the website isn't hosting the torrents, the user is, but I just don't see why the government can't look past that and just shut the site down. If a site is allowing somebody to download copyrighted material without paying for it, that site should be shut down. Of course, it would be insanely hard to get every site out there, because there are so many, but I just don't understand why it's so easy to look past the simple concept of "if a site is letting you download illegally, no matter the means, it should be shut down".

    I know that this might not be the best site to have a topic about this, but I've always wondered about this. Sorry if I couldn't explain the topic better, but yeah do your best to interpret my words .
  2. Filter

    Filter GBAtemp Regular

    Aug 23, 2008
    United States
    One reason because most of the sites are not actually in the US so there is a lot more they have to go through to shut down a site.
  3. UltraMagnus

    UltraMagnus hic sunt dracones

    Aug 2, 2007
    because torrent sites do not breech copyright themselves, and shutting them down for effectively just talking about piracy would be a massive breach of freedom of speech.

    not to mention, most of these sites are hosted in places that don't care about copyright like china, south Korea, or Egypt.

    lastly, all that would happen if all torrent sites were shutdown would be that millions of more people would use darknets like freenet. the internet was specifically designed so that no single country could destroy it or its freedoms.
  4. FAST6191

    FAST6191 Techromancer

    pip Reporter
    Nov 21, 2005
    United Kingdom
    Intellectual property is a rats nest of law. Coupled with this going into court is enough of a punishment for most people (have you seen how much a good lawyer charges and given how weighted against the would be offender most people will be put under serious strain just trying to mount a defence).
    Furthermore the EULA of whatever device/piece of software you happen to be using can and do often reach far beyond their legal limits which on the flip side means many companies also do not want to appear in court and perhaps more importantly precedent (like the Sega vs Accolade case or the betamax* case http://w2.eff.org/legal/cases/betamax/ ).

    *key word from that case is substantial non-infringing uses.

    That and despite the best efforts of many shady types laws do not cross too many country boundaries these days.

    "download copyrighted material without paying for it", whose copyright and under what law? Antigua notably axed all copyright as pertains to US companies as an economic sanction a while back:
    Similarly what about Russian or Chinese copyright law?
    I will also mention patents, copyright is an artificial monopoly meant to foster further works by providing funds for existing works (at least it was), patents (which are more or less the same idea but for devices and methods) however only last a few yet copyright lasts many more. I then ask how is that fair? Of course we then get into the shady area of which laws to obey and how hard to obey them.

    Copyright is also a civil thing, the government only really steps in for enforcement of the law. I guess it is kind of ironic then that people bemoan the companies for triggering these cases in lieu of governmental types.

    p2p networks/protocols will often spout the term "decentralised" or "distributed networking", this means that you have to take down everything and the people that make the protocols know this and rely upon it.

    Oh and one final thing, it is generally known as due process, mens rea, actus reus and a whole bunch of other phrases which basically state you need to prove it, prove intent and give people an opportunity to defend themselves and again despite best efforts otherwise they still exist.
  5. Maz7006

    Maz7006 iSEXu

    Aug 2, 2008
    It's just the fact that piracy is so common in other areas. I mean where i live, i can just pop down to the store, ask him for any new game, on basically any console, pay up 3$ for each DVD it takes up and bam im on my way. As for the matter of torrents, i don't believe that the owners of the trackers intend piracy, i mean they are just "there" and its not their fault if others use their services for such things, heck they need to find a living from somewhere don't they.