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#16    FreyKade

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Posted 05 August 2003 - 02:44 PM

yes bizzaro
"isn't that intresting Dave, i mean every step you take down that chain, takes you one step further from your imagination"

i said
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#17    Space Moose

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Posted 05 August 2003 - 10:39 PM

QUOTE (Bizarro @ Aug 5 2003, 04:31 AM)
umm, Spacemoose, i was simply refuting what Sabrina said.  she said it was legal (in use) and i meant it was illegal (in use).  

If you go around telling people that using Kazaa is illegal, you are not necessairly correct.  Kazaa can be used quite legally providing only public domain materials were exchanged.  It is only through the actions of exchanging private material that Kazaa use becomes illegal.  What kazaa tells you is true, it is a legal piece of software.

Now, regarding culture... yes, music was never "owned" prior to maybe 500 years ago (+ or - some, I am not expert on medevil law), maybe only as recent as 100 years ago.  That does not change the fact that there are laws preventing the activities associated with file sharing.  Just because something happened in the past is no reason that it should continue.

Now, can you hum it in your head - yes, there are no controls over that.  Things change however if you start performing it, because it is not yours to give away.  There is little difference in the act of giving away someones song than there is in giving away someone's house.  You have no business doing that either way.  The RIAA owns the rights to give away those songs, in this case they prefer to trade for money.

QUOTE
sure, it costs money to produce the song and distribute it, but they go well beyond that cost and charge more strictly to fatten their own wallets


And why shouldn't they?  How are you any better by saving money while not buying music than they are?  You are approaching the same problem in different ways, you both want more money.  It is called capitalism, if you don't like it, I recommend you buy a bicycle since the streets of China are easier to navigate on two wheels.

QUOTE
would the song exist without these middlemen? YES. so its ok for these middlemen to rob us, the people who would like access to our culture, yet we are wrong to take from them?


Sure, it would exist, but you wouldn't have heard it.  

QUOTE
its like someone else mentioned in another topic on this issue, what will come next? will we not be allowed to own tape players because we could record a song on the radio? no VCRs because we might tape a TV show?


You ARE NOT allowed to tape songs off the radio and you ARE NOT allowed to tape TV shows.  The only reason this is tolerated is because by the time it makes it to you, all the money has been made.

As for the banning of these products, it is a completly seperate issue.  No one is advocating the cessation of the sale of computers or boarding up the internet, so why would anyone infer that tape decks, VCRs and cameras will get the heave-ho?  There are legitimate uses for all of these products, and that is why they are sold to you.

QUOTE
you simply have to adapt and create a better product.


With all of the inevatabilities that you proclaim, why would anyone bother to create a better business model if someone will only rip you off in the end?  If I was the RIAA I would continue with my legal actions, especially since the law is on my side.  

#18    Bizarro

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Posted 06 August 2003 - 12:03 AM

alright, Spacemoose.  i see you are totally immune to my argument.  you are such a solid capitalist that you cannot see where it fails.  it fails in regards to culture and intellectual property.  there is no freaking way that someone can own an idea.  capitalism tells you they can, but that is just a farce.

maybe you choose to let people tell you they own the right to your mind?  good for you.  

i never said i downloaded music to 'save money'.  its not about money to me.  its about freedom of information.  i support musicians that i like.  i buy their merchandise and even their cds.  a lot of bands i like i first learned about by listening to 'illegal' MP3s.  thus, they make more money from me because of file sharing.  


QUOTE

You ARE NOT allowed to tape songs off the radio and you ARE NOT allowed to tape TV shows. The only reason this is tolerated is because by the time it makes it to you, all the money has been made.

As for the banning of these products, it is a completly seperate issue. No one is advocating the cessation of the sale of computers or boarding up the internet, so why would anyone infer that tape decks, VCRs and cameras will get the heave-ho? There are legitimate uses for all of these products, and that is why they are sold to you.


ya, and you aren't allowed to speed in your car, have a kid mow lawn for 10 bucks without paying taxes on it,  throw trash from a 2 story building into a dumpster below, run a red light, tear that tag off your pillowcase, or quote from a book without giving credit!  who cares what item you utilize to break the law?  some laws will ALWAYS be broken.  file sharing will ALWAYS exist.  it always has in some form and that is the only reason i brought up the other devices.  of course all these devices have legitimate uses but that is not why people bought them.  they bought them to break the law.  they were designed to break the law.  the reason is because some laws are made to be broken!  who wants to live under the tyranny of a police state where even your thoughts are in danger of violating a law?  apparently, you do.  good for you!  people downloading MP3's are not doing something worthy of a lawsuit.  that is my point.  do you think its justifiable to sue parents of a kid who downloaded an MP3?  yes or no? answer that one question for me please.  can the RIAA prove that kid is causing them to lose profit?  how?  

im interested in your response.
if there was a meteor,
adrift amongst space,
set about on a collision course
not with Earth, but my face...
i wonder if id even know,
at what time i might,
be passed off like an old style
and by the meteor be smite?

- me, 1997

#19    Anirbas

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Posted 06 August 2003 - 03:44 AM

YEAH! Thats what I wanted to say lol! Seriously though - they are asking us to be fair and not "rip them off" what the hell do they think they are doing to us? Giving us a nice discount on their product? They are the ones sitting up in the big cushy offices smoking Cuban cigars! They can kiss my ass cause even if they would bring suit agianst me and win I aint gonna pay it I aint goin to jail (got tons of woods here) and I will download music til I am blue in the face!
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#20    Space Moose

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Posted 06 August 2003 - 05:12 AM

It does not matter what you think about intellectual property rights, your ideals aren't reality.  You need to operate within the capitalist system, no matter how much you like or dislike it.  You will not change it, no matter how many letters you write nor how long you wait.  Accept it.

You ask an intersting quetion however:

QUOTE
maybe you choose to let people tell you they own the right to your mind?


Let's be clear, no one owns the rights to anyone's mind.  What can be owned is the right to the products of those minds, PROVIDING A CHOICE IS MADE TO SHARE THEM.  Music artists have chosen to share their products, as have authors, painters, all sorts of people.  In doing so they recieve compensation and for very good reason.  They put in time and effort into that creation, if they remained uncompensated, they would need to get jobs and you would then have nothing since their time and effort would have been elsewhere.

Let's be clear on something else, laws are not made to be BROKEN, laws are made to be FOLLOWED.  Perhaps you could not spot this obvious fact, so consider yourself informed.  Elsewise, if your statement were true, laws prohibting murder only encourages the slaughter of humans rather than the prevention of such activities.

Of all the examples that you give, there is no compelling reason to ever do any of them.  There is normally no good reason to violate traffic laws but when there is, exceptions can be made.  There is no good reason to improperly dispose of watse, nor are there good reasons to cheat on your taxes.  Partaking in these activities is civil disobediance through and through.  There is no issue of Big Brother here, nor tyranny or anything you might throw out to raise a red flag.  You chose to break a law therefore you accept that you could be punished.

QUOTE
do you think its justifiable to sue parents of a kid who downloaded an MP3? yes or no?


Providing there is some sort of Parental Responsibility Act, certianly.  Children may not be able to be held accountable for a variety of reasons, particuiarly economic ones.  It also comes down to the socialization of your children, if you teach them not to steal, you shouldn't be faced with the problem of them stealing.  

Further to this, the parents (we are told) know what is best for the child.  By punishing the parents for the actions of the child, it should ensure that the parents will in turn adequately punish the child.  Children have no concept of what carrying a criminal record might mean to their future, but they clearly understand being grounded for a lengthy period and being barred from things they enjoy.

QUOTE
can the RIAA prove that kid is causing them to lose profit? how?


Simple.  Jenna Barrios, age 13, wants the following nine songs:

1.   Sarai - Ladies
2.   Simple Plan - Addicted
3.   Thalia/Fat Joe - I Want You
4.   Theory of  a Deadman - Point to Prove
5.   Christina Aguilera & Lil Kim - Can't Hold Us Down
6.   Junior Senior - Move Your Feet
7.   Michelle Branch - Are U Happy Now
8.   Black Eyed Peas - Where is the Love
9.   Beyonce & Jay Z - Crazy In Love  

Since Jenna Barrios, age 13, isn't willing to pay for these songs right now (for whatever reason, the reason does not matter at all) or is perhaps unable to, she downloads them.

Suddenly, Sarai, Simple Plan, Thalia/Fat Joe, Theory of a Deadman, Christina Aguilera & Lil Kim, Junior Senior, Michelle Branch, Black Eyed Peas and Beyonce & Jay Z sell one less CD each.  Let's just say that each CD costs 15 dollars, with 5 going to the artist, 5 to the label, and 5 to point of sale.  These are simple figures but they will illustrate a clear point.

Each artist is out 5 dollars, the label is out $45.  There is a clear loss of profit here because of Jenna Barrios, age 13, and it quickly adds up when there are some 3 million users at any given time on Kazaa swapping files.  This puts the labels at a point where they know that there is a large demand for some song yet they are unable to tap this market because the song is being given away for free.

Now, you may be quick to criticize this by saying that the CDs may have never been bought by Jenna Barrios, age 13 in the first place.  While this is a strong possibility, it does not matter.  She, at one time, obtained a copy of a song without a proper licence and would have to pay retroactively.

The bulk of representatives, Members of Congress, Members of Parliament, Senators, et al. don't need to worry about changind the laws concerning copyrights since they are constitutional.  Will there be ones that do take it up?  Sure, but they won't fully understand what they are arguing nor what is at stake.  




* There is a notable exception, tags can be legally removed providing that the person removing them is "the consumer".  


#21    Anirbas

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Posted 06 August 2003 - 05:58 AM

Okay I am gonna make this short, sweet, and to the point for those of us that don't need a damned lecture! First, if you subscribe to a downloadable music service it is legal. That is - pay for it. Okay - so paying for it makes it legal - got that. KAZAAA IS FREAKIN LEGAL THEN! Here let me give you a quote straight from their Q&A page
QUOTE

Do I have to pay to use Kazaa Media Desktop?

No you don't not have to pay. Sharman Networks' costs are covered through advertizers. If you are charged anything for KMD or something similar you can be sure it is a counterfeit product.


This being said the lawsuit has no grounds whatsoever. Furthermore the system is flawed - we will not conform, we will not stand by and be run over! If everyone did that as you suggest Space Moose I don't think that America would be here. I think segregation would still be in effect and women would not be able to vote! So you and your system go away. original.gif
Whatever hits the fan will be distributed evenly!

Lord keep your arm around my shoulder and your hand over my mouth!!!

My life is 10% what happens to me and 90% what I make of it!

#22    Anirbas

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Posted 06 August 2003 - 06:00 AM

Oh and something else - if Kazaa is payed for then you own the song! If you are subscribing to a service to download music then you are buying the song and you can record it.
Whatever hits the fan will be distributed evenly!

Lord keep your arm around my shoulder and your hand over my mouth!!!

My life is 10% what happens to me and 90% what I make of it!

#23    FreyKade

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Posted 06 August 2003 - 09:57 AM

  anirbas, i think the "payed for" part refers to the program kazaa. the program is payed for by advertisers so you dont need to pay. unless you use kazaa lite which has no adverts. so if you have to pay to use kazaa, it is you being ripped off. as for the music. it is stored on individual computers/servers. kazaa is just a means of finding and geting these files. i dont think anywhere it says that if you use kazaa then copywrited material is legal when downloaded. an example:


i have bought a cd and have copied the music to my hard drive (as far as i know this is legal as long as you have the origonal cd.). someone uses kazza (payed for by advertisers) to get my legally owned music because i own it. files are downloaded via kazaa, but the person who has downloaded it doesnt own an origional copy. therefore is illegal.


kazza end user agreement:

You agree not to use the Software to:
QUOTE
2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


so already you are breking your agreement with sharman networks.

QUOTE
4 Things You Need To Know When Using The Kazaa Media Desktop

4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to our web site and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.


they dont protect you from anything.

QUOTE
The Kazaa Media Desktop program is a "peer-to-peer" program; this means that it communicates with other peers (other Kazaa Media Desktops or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don't share files which are confidential, such as financial information, or which you do not have the right to distribute.


again it states you must not share anything you dont have the right to.

And finally.........heres more (not the end yet)

QUOTE
5 Things You Need To Do When Using The Kazaa Media Desktop

5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Kazaa Media Desktop.

5.2 Sharman will not be liable in any way:

5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software;

5.2.2 if you are exposed to data that is offensive, indecent or objectionable; or

5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.


Now ts the end ( pay special attention to the last paragraph)
QUOTE
6 Copyright Infringement

6.1 Sharman respects copyright and other laws. Sharman requires all Kazaa Media Desktop users to comply with copyright and other laws. Sharman does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties.

6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.



and my longest essay is complete
"isn't that intresting Dave, i mean every step you take down that chain, takes you one step further from your imagination"

i said
"you're right! youre a bit of a hippy, but you're right"
- Dave Gorman

"Wanna buy some pegs Dave?"
"I got some pegs belonging to you"
- Papa Lazarou

#24    FreyKade

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Posted 06 August 2003 - 12:46 PM

oh and, the only way i can see that fikles are paid for by kazaa, is if it is on their servers and they pay the music idustry. this would mean that kazaa would not be free as the adverts would not be able to raise enough revenue to pay for these costs.

with having no illegal and copyrighted files on kazaa servers they can claim that they are not doing anything illegal. instead they ask for users to share off their hard drives. this is the same for the majority of peer to peer software and their developers.
"isn't that intresting Dave, i mean every step you take down that chain, takes you one step further from your imagination"

i said
"you're right! youre a bit of a hippy, but you're right"
- Dave Gorman

"Wanna buy some pegs Dave?"
"I got some pegs belonging to you"
- Papa Lazarou

#25    Bizarro

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Posted 06 August 2003 - 01:54 PM

im sorry, Spacemoose.  i cannot agree with you at all.  no one should have the right to sue someone based on profits that 'may' have been lost.  we might start being sued for all kinds of things if that precedent is set.  you have no idea if that little girl downloaded that music because she didn't want to pay for it.  she also didn't download ANY PROPERTY of anyone.  she downloaded a copy of that property.  there is no loss of physical production costs because those cds still exist and can be sold.  she is not selling her MP3s and is not making any money from them.  this is not stealing anything!  

let me give you an example:  let's say i like looking at the Mona Lisa.  its a beautiful little painting.  i take a picture of it and it reproduces the exact quality of viewing the actual painting.  did i steal the Mona Lisa from the frame?  doesn't the Mona Lisa still exist?  sure, i may not go to the museum to look at it as often because i have a good copy but i did not steal the Mona Lisa!  the museum cannot sue me because i have a copy of the Mona Lisa and don't come to the museum as often.  will this discourage artists?  no.  artists will still be inspired because fame and culture are very powerful forces.  fame alone can produce wealth for a successful artist.  is fame lost when someone copies your painting?  no.  its increased and spread to even more people than would have come to the museum to begin with.  this is the same exact issue with downloading MP3's.  artists will just have to adjust to selling less CDs by doing more concerts or selling merchandise instead, but their appeal is not being reduced at all.  their potential for wealth is INCREASED through file sharing.  what we are talking about here is a revolution in freedom of information, not stealing.  we cannot hold onto the old ways because they hinder our freedom as individuals.  when someone threatens to sue you because you make a copy of music, something is terribly wrong.  that is abuse of the law.  we cannot live in a society that breathes down our necks and threatens our children for doing things totally natural to them.  they grew up with the freedom to access all this culture and they see its benefits, whereas you are blind to them.  capitalism is based on freedom of thoughts and ideas flowing freely and the system correcting itself by occasionally destroying obsolete methods of business.  if anything, you are not a capitalist because you are unable to comprehend this.  you are more like a communist because you believe that laws can regulate the flow of information.  laws cannot stop progress and file sharing will continue.  business will just have to adapt to meet the changing norms of the people.  we cannot start some Napster Gulag where we send families and children who violate your laws, Spacemoose.  im sorry, but maybe you accept abuse of law but i refuse to accept it.  you endorse punishments for people based on purely intellectual concepts and that is a slippery slope, my friend.  when you allow someone the right to punish someone else based on pure conjecture than we all become potential criminals.  that's a world i don't want to live in.
if there was a meteor,
adrift amongst space,
set about on a collision course
not with Earth, but my face...
i wonder if id even know,
at what time i might,
be passed off like an old style
and by the meteor be smite?

- me, 1997

#26    Blood Angel

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Posted 06 August 2003 - 02:41 PM

This is turning into a conspiracy, maybe someone somewhere will conect this to the NWO LOL

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#27    Anirbas

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Posted 07 August 2003 - 03:52 AM

Ah well - I do see your point sklara (nice avatar btw) so let's say I subscribed to an actual service that lets you download music and pay for it - is that legal to burn or not - because here is my train of thought i can go and buy a cd with songs i don't want on it or i can make my own and pay for each song on it - thats all i do is mix my own cd's i really don't think i should be charged an arm and a leg to do so - and i think as long as i am not selling it to other people which is the way i have interpreted the copyright law as long as i can remember knowing there was one it shoul dbe legal  
Whatever hits the fan will be distributed evenly!

Lord keep your arm around my shoulder and your hand over my mouth!!!

My life is 10% what happens to me and 90% what I make of it!

#28    Space Moose

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Posted 07 August 2003 - 07:14 AM

QUOTE (Bizarro @ Aug 6 2003, 01:54 PM)
im sorry, Spacemoose.  i cannot agree with you at all.  no one should have the right to sue someone based on profits that 'may' have been lost.

Oh goodness, here we go again...

The suit is not for profits that "may" have been lost, the suit is for profits that "were" lost.  Let's go through this again in short.  When a song is downloaded, there was clear intent to obtain that song.  Legally, the regular method to obtain a song is to purchase it.  Thus, when you download a song, you have essentially agreed to purchase it but have yet to pay.  With file sharing, it goes one step farther since that file ends up shared time and time again, all of them willful acts of obtaing a song.  The law is clear that you have no right to have this song if you have not paid for it.  The law is also quite clear that you have no right to give away that song if it is not yours.

You yourself had someone attempt to steal your car quite recently.  So, if songs should be free for the taking, why is your car not? Everything from song to automobiles is a part of our culture.  If songs should be free because they are cultural, then surely you must agree that your car should be free for the taking as well.  

If culture belongs to everyone, why did you even bother to call it your car in the first place?  Is it because you think that such mundane objects are not really cultural?  If so, you are quite worng as they are of greater cultural importance than any song.

Furthermore, your car is nothing more than a copy of something that someone else already has - and you paid for it yet.  Why would you have bothered doing that?  

Surely you must be able to see how your "Culture is Free" argumet is worthless.  That which applies to the intangible must equally apply to the tangible, although we may call them different names.  As such, "Culture is Free" creates a society without ownership of anything, a society well beyond even the proposals of communism.  Even with its much lower reaching goals, communism has failed and so therefore will your "Culture is Free" society.

You won't give it up I'm sure, but as long as everyone else can be satisfied that you are unwilling to accept that you might possibly be completly in the wrong we can all get on with our lives.

QUOTE
let me give you an example: let's say i like looking at the Mona Lisa. its a beautiful little painting. i take a picture of it and it reproduces the exact quality of viewing the actual painting. did i steal the Mona Lisa from the frame? doesn't the Mona Lisa still exist? sure, i may not go to the museum to look at it as often because i have a good copy but i did not steal the Mona Lisa!


Oh good, another broken example that completly misses the point.

First off, the Mona Lisa is likley uncopyrighted at this point, so let's substitute in Painting X, a modern masterpiece by Artist Unknown.  It is only imporant that it is under copyright right now.

So, you take a picture of Painting X.  While it seems that there is no harm done with your simple photo, because you have been permitted to take this photo, so should everyone else.  Now if everyone has a copy of Painting X what reason would there ever be to go and see it?  No money would be made and Artist Unknown is left with the original of Painting X which now would have been more vaueable to him had he never painted it.  

But we can adapt your example so I can show you how that doesn't work either.  Let's say you take a picture of Mickey Mouse and hang it in your living room.  Walt Disney created Mickey Mouse and they employ people to take pictures of Mickey Mouse, retouch pictures of Mickey Mouse, distribute pictures of Mickey Mouse, sell pictures of Mickey Mouse and a host of other things.  Again, if you were permitted to take a picture, so would everyone else be permitted to.  In the end, Walt Disney plus all of those employees are out of pocket because you took something that wasn't yours to begin with.

Might interest increase in such a scenario?  Perhaps, perhaps not.  If it does however, a realatively small portion will seek out to pay for something that they are accustomed to getting for free.  

Now, don't go confusing the above with people taking pictures at Walt Disney World or some other such event.  Walt Disney certianly wants you to take pictures, so they are permitted.  Walt Disney does not have to do this, it was a choice made for a variety of reasons.  You will also notice that Walt Disney will post areas or items that you can not take pictures of.  Walt Disney has a right to preserve these things, typically the reasons that people would go to Walt Disney World in the first place.

QUOTE
if anything, you are not a capitalist because you are unable to comprehend this. you are more like a communist because you believe that laws can regulate the flow of information


Okay, so before I am clearly a capitalist but now I am surely not so I must be a comminsit.  Stop hopping up and down on your Left Wing Nutcase Soap Box for a while and think before you start talking.  Go read a book or something, learn what you are talking about before you start shooting your mouth off.  Capitalists clearly believe that information can be regulated, they wrote the copyright laws.  Is this some sort of sick plot to live up to the moniker or something?  Get your head screwed on right.

QUOTE
laws cannot stop progress and file sharing will continue.


Since when is this progress?  How warped does one need to be to think that taking money out of the pocktes of fellow humans is progress?  How much shorter, nasty and brutish do you want our lives to be?

QUOTE
maybe you accept abuse of law but i refuse to accept it. you endorse punishments for people based on purely intellectual concepts and that is a slippery slope


All laws are intellectual concepts.  You advocate here nothing more than a society without laws, where murder, robbery and rape could be commonplace since rules against them are nothing mroe than intellectual concepts.  Surely you know well of this Slippery Slope having slid down it so quickly.

QUOTE
when you allow someone the right to punish someone else based on pure conjecture than we all become potential criminals


Certianly this is so.  I don't think you understand at all what is going on with this lawsuit.  The facts are cold and hard, people have been distributng music without authorization to do so.  This is easily traceable and they give the information out freely.  No underhanded tactics have been used, these are by in large clean cases.
There is no conjecture here, the accused have done all but submit a letter confessing to thier unlawful acts.

No matter how long you prattle on that Until it Sleeps belongs equally to you as it does to Lars Ulrich, you will continue to be wrong.  Give it up.  You have made your point known and no one really cares to see us row over this again and again.  Having said that, should you continue to pour out drivel such as this, I will continue to refute it.  I would hope that it is clear by now that this will continue to no end, but should you see fit to go at it again, be my guest.

#29    FreyKade

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Posted 07 August 2003 - 09:26 AM

stop arguning, meet up and have an old fasioned duel......use any weapons from axes to hammers and swords and daggers. mmmmm lets see, you get a swing at the oponet if you can say a valid argument....let the duel comence
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#30    TheOracle

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Posted 07 August 2003 - 10:58 AM

In Australia it is actually illegal to make a copy (Back-up or otherwise) of any cd, dvd, video, whatever that you own.

Just thought you guy's might like to know that.
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