Arguments against piracy!

Somebody has to stick his neck out so it might as well be me

HERE ARE THE headlines:

Man makes pro-SOPA argument.

Global Internet Community Shocked.

Shoot to Kill Order Ratified.

Okay, I’m exaggerating, but only a bit.

Last week, I made a mild comment in passing that it was a shame people working to stop content theft (SOPA stands for Stop Online Piracy Act) were receiving scornful abuse instead of constructive criticism.

In response, angry emails appeared in my inbox explaining that Internet pirates were angels in human form, performing a charitable function by making movies, music, software and books available free.

I felt like the guy in those old HM Bateman cartoons called “The Man Who”, which feature one person making a statement and lots of other people staring in outrage (see below).

(HM Bateman – prints)

I even got queries on the subject from two of the people I love most in the world, my daughter and Grandpa. The former said all her school buddies were opposed to anti-piracy measures, so why should Daddy be against them? Grandpa said he had heard a positive spin about the doings of  mega-pirate Kim Schmitz, a Hong Kong tycoon who scares me Schmitz-less.

(Kim Schmitz)

The opinions of Grandpa and Little Ms Jam are greatly respected so I decided to do some research.

 

***

I went to get a professional opinion from a small filmmaker (his movies range from short to long, but he’s only 1.62m tall). He was bitter, claiming his life savings had been stolen by content thieves. I wasn’t particularly sympathetic, since his life savings had been calculated by a top accountant as “a hill of beans” and besides, had all been borrowed from several friends, including me.

But he did come out with this interesting idea: “People will always defend thieves who steal intellectual property. But if you remove the word ‘intellectual’ and visualize these people stealing property, like houses or cars, the whole tone of the debate changes.”

I thought about adding that it would also be factually more correct to remove the word “intellectual” from his movies, but he was holding a vegetable chopping knife at the time so I kept my mouth shut.

The key thing is this: the belief has spread among some parties on the Internet that stealing physical property may be illegal but stealing intellectual property is fine, because all you are doing is “sharing” “ideas” or “knowledge”.

Pirates are fully entitled to have their opinion on this, even though they are plainly wrong—the legal codes in your country and every other make this clear.

***

After lunch, we tested his idea. On the internet we called up the recent debate about anti-piracy proposals and revised the arguments, replacing terms such as “copied movies” and “pirated music” with “stolen houses”, “stolen cars”, etc. What could sound more innocent than “sharing music”? What could sound less innocent than “fencing stolen property”? . The results really were eye-opening.

***

Here’s the “piracy is good” argument revised:

“People who steal cars may later legitimately buy one, so car theft benefits everyone.”

***

Here’s the Wikipedia blackout message revised:

“Imagine a world where you had to pay for houses.”

***

Here’s the “blame the victim” argument revised:

“People who own houses are greedy corporations, so they deserve to lose them.”

***

Here’s the “why spend money?” argument revised:

“Don’t blame me for stealing cars; it’s not my fault that a new car costs a significant amount of money.”

***

Here’s the “impatience” argument revised:

“The car was launched four days ago in the US but is still not legitimately available where I live, so that gives me the moral right to steal one.”

***

Here’s the revised version of the typical juvenile outraged blogger’s rant:

“Stoping us from stealing houses and cars impinges on our freedom, is blatant Censorship of our Human Rights, and is like Hitler and Nazis and all that stuff, just sayin!!!!.”

***

Now I realize that this column will be seen by some people as a second pro-SOPA or anti-piracy argument, and juvenile bloggers will issue a fatwa against me as soon as they work out how to spell the word.

But I don’t mind. One can only be shot to death once.

And, as my publisher said (with a tragically unsuccessful attempt to hide a smile): “If you get assassinated, your book sales will go through the roof.”

Pirates: If you hate this article, why not copy it and spread it every so that everyone in the world can see how stupid I am? Muah ha ha ha ha.

 

Technorati Tags: arguments against piracy,arguments for sopa,opposed to piracy,internet freedom debate

Comments

[Dominion Rule]

I don't think being for or against SOPA is entirely related to piracy. Of course piracy is why the bill is proposed but the objection is to do with the control that would be given that would limit the freedom of the internet.

Plus a house is made of bricks and mortar and movies are just 1s and 0s.

I read somewhere that while people spend less on buying music, the sale of concert tickets has increased, this suggests that a lot of people have a "music budget" and if they don't spend it on the CD, they spend it on seeing the bands instead.

[grandpa]

"“Stoping us from stealing houses and cars impinges on our freedom, is blatant Censorship of our Human Rights to squeeze the poors out of their money,
and is like Hitler and Nazis and all that stuff, just sayin!!!!.”

[grandpa]

I am shocked

This picture of Kimm Kong was taken on my locla favorite beach
And you are tell me, only now?

[Jason]

Can someone please explain to me the difference between downloading TV shows from a site like Megaupload, or directly from NBC and the other networks who make their shows freely available to do so online . . . albeit only from with the U.S.?

It seems rather stupid and hypocritical to me to make all the programming available for download, then complain about piracy. Then again, the world is full of stupidity and hypocrisy. Just look at the HK Civil Service!

[Nury]

@Dominion rule:
"A house is made of bricks and mortar and movies are just 1s and 0s."

Your argument is the "intellectual property" fallacy, which is exactly what my movie maker friend was complaining about above.

Unless you live in North Korea, human society says they are both defined as property.

And I know for a fact that both are property which people have toiled over in an attempt to earn a crust of bread for their children. Just because my filmmaker friends and relatives produce work which can be digitized, it doesn't mean it has fewer legal rights.

@Grandpa -- is that your beach!? I want to move there right now!

@Jason, I am not an expert on these matters, but it seems to me there is a difference. If a filmmaker puts his video on the internet he can charge people to view it, or he can play it free and earn money on the advertising next to it. What Kim Schmitz was doing was stealing other people's work and earning a million bucks a day on it. Anyway, I think that's the logic of the argument.

[Jason]

Apparently Kim is married to a former Filipina model. Given his obvious girth, I guess money can buy everything.

[karuna]

@Nury, if we keep out for this question your "filmmaker friends and relatives"

Has the free nature of internet helped you earn more or less ? Have you personally directly or indirectly lost business due to the internet ?

[Jason]

Good point Karuna. Nury, I discovered your writing when a coworker lent me a couple of your books. I would not have found your wonderful humour, if he had not shared with me. Now, I didn't go out and buy your book, as he gave me his copy, but it did share your creation with me and I have since bought your stuff . . . and added my own sarcastic thoughts to this site!

[Nury]

Hi Karuna, interesting question, and it deserves a straight answer.

I think the internet has increased my presence as a writer, in that more people (especially young people) know my name.

But the net has sucked so much money out of the newspaper industry, the magazine industry, and the book industry, that the print-related earnings of most writers are way, way down.

Lucky for me, I have other stuff going on, so I’m not worried for myself.

(I think one of the reasons why magazines like to print my stuff is that if the editors calls me and say: we’re having a bad year, we can’t pay you any more, and I just say, fine, cook me a nice dinner occasionally. Most other writers can’t do that.)

I reckon the earnings of probably 95 per cent of writers are down.

My output is much higher than ever before, but my print-related earnings are significantly lower than in the pre-net days, even counting for inflation.

But I’m okay—--I worry for the next generation: people writing novels like Jason, or freelance writers like my friend Lucy. Traditional publishers have no money, and the electronic media is very tricky: Kindle, for example, is flooded with stolen texts.

Content theft is rife, and every attempt to stop it is quickly slapped down.

So what's the answer?

[ape]

There is one key difference between physical property and intellectual property. IP can be duplicated but not the former. So, to use the argument of replacing IP with say, a car, the "thief" is effectively denying the rightful owner the use of the car.
However, I don't agree that everyone has the right to everyone else's IP. The least "pirates" can do is to point to the original source to give the originator the credit... as a form of free advertising for the originator.
Dominion Rule is right in that "the objection is to do with the control that would be given that would limit the freedom of the internet."(Dominion Rule)

[Chamin]

I have a question: how many (if any) of the Hollywood/Bollywood movies can be considered "intellectual" property?

[karuna]

The positives
-> internet has increased my presence as a writer
-> My output is much higher than ever before

The negative
-> my print-related earnings are significantly lower

Clearly, the traditional printing media is at its last stage of existence. So, surely should not depend at it as a source of income.

Some ideas on how you could monetize your presence on internet.
1) Put a box for users click to pay you some money (say 10,000,000 cents) every time they like an article you post.
2) Allow patrons to directly fund you, like the old days of kings and queens. The only drawback would be if Fardel send you more money, you may write more articles favoring aeroplanes.
3) Include advertisements like google ads pay on clicks. So, when Liftie comes to your blog, there are ads related to his interest "Flight schools".

[karuna]

reasons to save the traditional print media
1. In case of emergency in toilets due to missing toilet paper, can use the book
2. Can be thrown at the annoying cat/child/spouse.
3. Good for interior decorations, by filling up the empty shelfs in the house.
4. Gives the owner a quality of "intellectual" greatness when vistors drop in to house and see all the books lined up in the shelfs.

[Frank Freelance]

Thansk for defending us little people. I was tempted to say something against "sharing" files on my own blog, but I know I would be subject to uninformed abuse.

Not very keen on Karuna's suggestions of ads and donations and things. Too tacky.

[Chris]

I agree with SOPA about stopping piracy by closing all sites that support or encourage illegal downloading. Creative process can be very difficult and can take years to develop a software, music album, book or movie. People not involved in the creative industry don't fully understand how hard and expensive can it be, so I agree with the anger of all those whose movies or songs are being downloaded. But I don't agree with SOPA regarding privacy violations, such as checking our emails, etc.

[TS]

I haven't really followed the SOPA discussion. I have picked at bit up via osmosis and it seem to me that there are two main parties against it.
Those who fear it will infringe their privacy and those who fear it infringe their right to infringe other peoples copyright.

I should probably read up on it and take a firm stance.

I do believe that Nury is losing out a bit.
A while back I was researching the ebook market to see which ebook reader I should invest in.
Because of thieves, most ebooks are cumbered with Digital Rights Management, so you are stuck with the selection and prices of the individual providers such as Amazon or Barnes & Noble.

I found lots and lots of ebooks as free downloads from pirate websites, including the collected works of Nury.

[Lift Lurker]

There is no technological way to stop digital piracy (except through quantum physics*), so I think we are in age of discontinuity

The form of entertainment will have to change. This is part of natural history and cannot be stopped.

Watching Ned the Neanderthal get squashed by mammoth give way to touching tail of sabertooth tiger.

Fighting gladiators give way to singing minstrels

Traveling acting troupe give way to theatre

Theatre give way to movies

Ballroom dancing give way to pole dancing

Croquet give way to MMA

TV give way to Youtube.

Talking to each other give way to texting.

And so on...

My suggestion to future writers is to write pop-up books.

(*No one really know what quantum physics do (and those who do will not be visitors of this website (unless accidentally brought here through quantum physics), so you can always say ("except through quantum physics") and look very smart)

[Karuna]

@Frank, The newspaper that carries Nury's articles have advertisments. The printed books have a price tag. Most newspapers have patrons that very few editors are independent. My suggestions are similar.

As TS mentions, at present there is no easy way to pay and own digital copies of books. So, provide digital copies of your writing for free, Make it available for everyone including, the pirates to host on their servers.
In the digital book, include a link for readers to pay the writer directly.
I am sure all matured readers if given the option to pay, will pay. With no middlemen such as publishers and their flunkies around, the writer will be able to earn more than they did before.

[Karuna]

reasons to save the traditional print media
5. Books can be burned. With digital copies, fundamentalists of all shades will not be able to display their opposition effectively

[I'm walking on eggshells, aren't I?]

I'm rather against the whole SOPA thing. I mean, it is rather harsh. Draw something as innocent fan art and you can face some serious jail time right there (as apposed to, let's say, murdering someone or robbing a bank).
If SOPA is approved, there would be so many "felons" around the world that you might as well make the planet a prison.

[grandpa]

guys and girls
you will love this
http://www.letelegramme.com/ig/loisirs/multimedia/megaupload-pourquoi-le-site-a-t-il-vraiment-ete-ferme-25-01-2012-1578204.php?xtmc=megaupload&xtcr=4

[grandpa]

In my country, the government put a law like this:
the first pirates were caught and condemned:
a 10 year old kid who downloaded 5 or ten titles , from an illegal website for his own use.
His single mother was fined three month salary
The list goes on, but we did not see any prosecution against guys with money.
Obviously, when bad guys want to go "industrial" , they have ways to win respect , with illegal but efficient manners....
Do not tell ma that the big music industry is starving to that point that they have to punish children that way

[grandpa]

Uncle
Why is the url flashing when post comment on sessitve subjects?

[Jason]

A good article on this topic from Slate.

http://www.slate.com/articles/business/moneybox/2012/01/caleb_crain_why_matt_yglesias_is_wrong_about_copyright.html

[Professional writer]

This discussion is threatening to become actually intelligent and worthwhile. One of the problems is that creative people who are either wildly successful (Stephen King) and/ or content with their lot (Mr Jam) can afford to have their writings and books and columns distributed free without making much of a fuss. This is great for them, as they benefit from intangible benefits such as increased publicity. But it is bad for up and coming writers, since the business model is being destroyed.

This could not happen in Europe, since newspapers and magazines are required to pay at least union rates for each piece of writing whether written by a well known writer or an up and coming freelance.

[grandpa]

Santa hypocrisy, pray for us...
For we have sinned..
When you show us U571, we believe it.
When uncles come to our shores to deliver us from evil , we believe it.
When your fleet is attacked
We say Infamy
Deliver us from evil
and forgive us your trespasses,

When you atomically firedrop out 250 000 " lemons"
Deliver us from yellow fever

When you plow through jungles , leaving tree bare,
You keep the wheels turning
and deliver us from evil.

When your twin sisters fall
We say bad guys
Deliver us from evil

May your hundrend summer camps
deliver us from evil

When you run wild in the desert
Chasing goats and camels
deliver us from evil

When you
throw over the god affi

Save us from the time of trial
and deliver us from evil.

Saint oil
pray for us
for we have sinned

Keep us from squeaking

Keep us from walking
Keep us from the cold

give us today our daily oil, in the name of the father
Amen

Sant Avaricia
pray for us
for we have sinned

And lead us not into temptation, sharing , befriending
amen

Santa chiquita
pray for us
for they have sinned

Give us today our daily bread

Amen

Santa Sopa pray for us
for they have sinned

Give us this day our daily bread,
and forgive us your debts,
as we also have forgotten our debtors.
And lead us not in temptation
amen

[BD]

Hi Nury,

I think the intellectual property debate ought to be wider than the current focus of protecting the creative efforts of artists.

IPR has been abused for the benefit of large corporations to the detriment of many, and the most recent rays of light come from India and France as they stand up to Monsanto for instance, over agriculture; in the commercial field I have witnessed large companies bully smaller entities by taking them to court over technological patent infringement suits that have little or no merit - but it doesn't matter how flimsy the case(s) may be, because the small fry will exhaust itself in the legal fight as its pockets are no where as deep as the big guys, and it either surrenders or bankrupts itself long before a final ruling is reached.

That is one way of getting rid of the competition!

However, let us rejoice at a sunny spot here - hands off my brinjal!

http://www.foodconsumer.org/newsite/Politics/34/monsanto_0131121211.html

QUOTE [The government of India has made it very clear that they will not tolerate Monsanto's attempts to commercialize on their indigenous knowledge, a practice known as biopiracy.

India's National Biodiversity Authority (NBA), a government agency, is suing Monsanto, the world leader in genetically modified (GM) crops and seeds, and their collaborators, the Maharashtra Hybrid Seeds Company, for using local varieties of eggplant to develop a genetically modified version.]

[Dul]

I think, if we are to stop piracy, SOPA is good idea. Stopping piracy is much needed for all the people who put in so much effort on their intellectual work and it really hard to stop piracy without being so harsh about it...
but personally, I also think the internet will be a boring place with regulations like that, and could have a negative effect on the parties who should benefit in the end.

Well, there will always be resistance to every change. But we always adapt to it anyways.

[Bianca Corinna]

"This could not happen in Europe, since newspapers and magazines are required to pay at least union rates for each piece of writing whether written by a well known writer or an up and coming freelance."

???????????????????????????????????

[Corinna Bianca Fatwa]

lets put a fatima on nury, as soon as we figure out how to spell her name...:-)

[grandpa]

Here is an interesting video
http://www.youtube.com/watch?v=xoW26CwhcR8&feature=fvsr

[grandpa]

Hey guys
look what I found
http://www.guardian.co.uk/world/2011/jun/09/iceland-crowdsourcing-constitution-facebook