1. Chrisssj2

    Chrisssj2 GBAtemp Addict
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    Piracy is a construct of the human mind ego which is based in scarcity. Done. Now everyone piss off with the illegal,criminal theft, illusion bla bla bla.
     
  2. CMDreamer

    CMDreamer GBAtemp Advanced Fan
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    Piracy is all about obtaining an economic profit from such activity. Like those pirates that sailed the seven seas, long ago; the therm has it's roots on them.

    Actually, piracy (in the perspective of all entertainment industries), is any activity that may harm their profit, clear and simple.

    Sharing is not piracy, because when you share, you're not getting any economic profit from it, so you're not harming their profit. There's nothing as simple as that.
    Many years ago, sharing was a common thing, and you could see people sharing those old "floppies" with many types of software in them; when the industries behind them saw their profit harmed (under their perspective), they payed the law makers to create all those copyright laws to protect them, because the only way to stop "the masses" is by having a law that limits their acting.

    But anyway that's just my very own perspective.
     
    Last edited by CMDreamer, Aug 10, 2020
  3. dAVID_

    dAVID_ Electrician's Apprentice
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    If they can prove that you downloaded copyrighted material without permission from the copyright holder, they can convict you for copyright infringement. Simple as that.
     
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  4. Memoir

    Memoir Hi, I'm Cynical!
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    I forgot this thread existed. Unfortunately, I have to see it again. Too many wannabe e-lawyers thinking they know and understand. The fact of the matter is that piracy is illegal. No matter how you want to spin it. I don't care that you do. I don't care why you do it. Just don't pretend you're not breaking any copyright laws.
     
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  5. djnate27

    djnate27 Advanced Member
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    The whole structure is seriously flawed. I use to “acquire” every game that interested me. Later I decided that I will only play games that I obtain a physical copy of. These are usually USED games I buy secondhand so the Publishers/Developers/Console maker don’t see a ‘red dime’ (Knives Out).
     
  6. spectral

    spectral GBAtemp Advanced Fan
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    You're right and they hate the used games market just about as much as they hate piracy. It's just more difficult for them to do anything about as selling used games is legal. It's not impossible for them to counter it though. MS planned to block games working on more than one console when they announced the Xbox one but scrapped the idea due to the negative publicity it was causing. It's why they are now so keen to push digital.
     
  7. Zaphod77

    Zaphod77 GBAtemp Advanced Fan
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    Unless you confess, they most likely can't prove it.

    which is my point. :)
     
  8. dAVID_

    dAVID_ Electrician's Apprentice
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    I think you're getting the wrong idea here. All a copyright holder needs to prove is that you download their work without their permission.
     
  9. Zaphod77

    Zaphod77 GBAtemp Advanced Fan
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    And that proof is darn near impossible to get without very invasive spyware and human rights violations.

    As long as you stick to direct downloads, they have their work cut out for them to prove their case. First they must prove that the copyrighted work was on the server you downloaded it from. Otherwise they have no way to even GET probable cause to search your computer, unless you do something silly like confessing. To do that they have to download it themselves from the server. which is fair, they own the copyright, they have permission, it's not a violation for them to do that. Then they have to get the access logs to the remote server, which will have a list of all IPs that have download the file, provided said haven't been scrubbed, and even exist in the first place. And if they do get logs, there are probably dynamic IPs in them. If so, they also have to get info from the isp to prove that it was assigned to that customer at the time. Which again is not a guarantee.

    So assuming they somehow get accurate logs, and track it being downloaded to your home's IP at the time, they still haven't proven that you personally did it. It could have been someone else in your house sharing the same internet IP. It could have been someone who hacked into your wi-fi. That happens all the time. It coud be a house guest on a laptop who is long gone, and they can't trace it because the computer isn't even there.

    Even the presence of the files on your computer is not proof you downloaded it. maybe you just downloaded a no-cd so you wouldn't have to put in the CD. Maybe it's a gog.com game you bought. there's no way to tell the difference by looking at your computer. Your computers copy could be legit. the pirated copy might be on a different computer, which as i said above, might not even be there.

    Some malware may have downloaded it. That's not your fault, is it?

    It's just not that simple to prove. :)

    If you do torrent without a VPN, then all they have to do is join the swarm, and they find out all the IPs of everyone involved at the time. which makes it MUCH easier for them to match things up and get that proof and claim major statuatory damages.
     
  10. dAVID_

    dAVID_ Electrician's Apprentice
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    If law enforcement gets a search warrant to bust into your house and go through your hard drives, guess what? You're fucked. If they got that far, it means that they already have some evidence on you, which probably includes server logs and/or data kindly provided by your ISP.
    And even if you're using full disk encryption, that countermeasure is only effective as long as your computer is shut down (and even then, it might still be possible to recover decryption keys).
    The only fool-proof defense against copyright is living in a third world country where copyright law is lax/ignored.
    I should probably make a disclaimer here: I am not a lawyer. I'm just some bumbling idiot arguing about computer forensics and copyright law on a video game oriented forum.
     
  11. Zaphod77

    Zaphod77 GBAtemp Advanced Fan
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    Even with logs from the isp, that only goes as far as the router, and not your PC. If you provide your own router instead of using their bundled one (which could maybe possibly log enough to actually follow the chain of download). they have no proof, and no cause for a warrant. They just know that some device that was connected to the network at that time downloaded it.

    Again, they can't get evidence just from direct download. there MUST be something else for them to get enough, at least in the USA. It make much more sense to go after the distribution.

    There may be some countries that have enough of a copyright gestapo to actually prosecute downloading. But i don't know what they are.

    And my original point was that there's no such thing as a ddl sting. Just bait torrents, because those are much easier to get evidence off of.
     
    Last edited by Zaphod77, Aug 13, 2020
  12. r0achtheunsavory

    r0achtheunsavory Suspended
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    There's no such thing as intellectual property because it would require a tyrannical world government to enforce. Who wants to live under a "new world order"? Pretty much nobody. This is why whenever some buffoon starts mumbling jibberish about intellectual property you can tell them to go F themselves.

    All they're trying to do is get you to perform mental gymnastics to agree to prop up their invalid business model. There was no cosmic event that occurred where Gawd on the 7th day said "let it be known that EA sports should have a valid business model of selling recycled basketball games over the internet".

    Lots of invalid business models fail all the time. If you like what they sell and want to try to keep them afloat by handing them money, well, that's your perogative. It's really an economics lesson. Anything based on artificial scarcity has no value according to the invisible hand of the market and it will eventually force the value to zero in one way or another.

    Fiats? All go to zero. Bitcoin? It's an imaginary widget based on artificial scarcity, same thing as fiat. Will also go to zero. Money is required to be a non-perishable, physical commodity resource, which is why gold and silver are the Schelling point of money.

    When software tries to act as some form of commodity money and pretend it has a shelf value of $50, the invisble hand of the market sends it to $0 anyway no matter how hard you try to stop it. It's an invalid business model artificially propped up by govts.
     
    Last edited by r0achtheunsavory, Sep 9, 2020
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