Germany Says File Sharers Deserve Plenty Of Jailtime
from the what-are-you-in-for? dept
Just as France is looking to support consumers' rights when it comes to file sharing, it looks like Germany is going in the opposite direction. John submits this story about a new law set to go into effect in Germany that will make casual downloaders risk two years in jail, for getting an unauthorized copy of the latest music or movie. One of the defenders of the law has this lovely quote: "There should be no legal distinction between stealing chewing gum from a shop and performing an illegal download." Of course there should be a legal difference. In one case, something tangible is missing and then can't be bought by someone else. In the other case, that's not true at all. So, whether or not it's illegal, there obviously should be a legal distinction between the two -- and it's a bit worrisome that some people still can't see the difference.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Legallity of downloads
The reasoning behind that, is the fact that you as a downloader have nowhere seen a clue about the fact that you are about to be doing something illegal. Furthermore, it is a fact that nobody gets any richer from someone illegaly downloading shared stuff.
This, offcourse, is a bit black&white; if a site is adversing itself as the best place to get something illegally, you can reasonably assumed to be knowing that you will end up with an illegal copy.
Also, if a site charges money for getting to such stuff, you should get after the people who are actually charging the money.
Going after the downloaders themselves isn't worth the effort, and you are trying to mop up water with the tap still running, as the saying goes.
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Re:
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Stealing
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In jail !!!
You can go in Jain and pay also big bill.
Also all the factory that produced dvd or cd in Italy closed last year because our governement made a tax about the production of this kind of support that favourite the illegal copy. So now we buy cd and DVD by Internet from outside country.
welcome to Italy...the 21th century "Bulgaria".
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THAT HAS GOT TO BE THE FUNNIEST THING I'VE HEARD YET.
In America, we have losers that dedicate their lives to proving they are idiots. These idiots got together and formed the cult aka the RIAA. My personal opinion: They need to hold a mass suicide..I mean Mass Movement for the Betterment of the Whole!
It is ashame Germany is doing this. Next they will have a law about buying a BMW (awesome cars I may add) and "sharing" it with your wife. If you both want to enjoy the BMW, BUY TWO! Bad, bad Government! No Treat!!! We didn't liborate you from the Nazi's for you to do it all over again!
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Stealing is Illegal
The writer mentions that a download has nothing tangible, the heck it doesn't. First, there's the file itself, but more importantly is that it is something that you can listen to or see. Saying that a music CD is any different than a download of the file that is on it, is ludicrous.
If you don't think that something in a file should be protected, then I'll let your bank know that it is okay for them to give me a file with all of your bank account information in it.
Movies and songs are not free to produce. They shouldn't be free to consume. When we listen to the radio, we don't get it for free, we have to listen to advertising. But then again the radio station doesn't have to pay $0.99USD per person when we listen to it.
You know the whole problem with the cost of movies and songs? Many people happily pay for them.
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Two years in jail?
Will they be putting gum stealers in jail for two years then?
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Re: Two years in jail?
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Re: Re: Two years in jail?
Heh well a illegal install of windows 98 which costs like 80 when it was new will fetch a business owner up to a 100,000 dollar fine. A 50 dolalr fine for ripping off a movie would only encourage stealing because oh well if i get caught it aint that bad. The idea is to hit you with something lifeshattering or finacially devistating that way you wont do it it... or atleast hopefully again.
Im not for this but im just telling you what reality is!
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Support consumer's rights ???
Are you kidding ?
With this new law (DADVSI), a VideoLan user can be fined 750€, because VideoLan circumvents the CSS DVD protection system.
And the VideoLan developers can potentially face a 30'000€ fine and 6 months in jail.
(Have a look at http://www.videolan.org/eucd.html )
Supporting consumer's rights ?
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To share or not to share...
It seems that if you want my thoughts you'll have to pay for them...
/groan
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To share or not to share...
It seems that if you want my thoughts you'll have to pay for them...
/groan
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Gum, guns and RIAA
2) If the RIAA law was just and enforcable, I hear the US Military is a hotbead of 'violation'. So why isn't the RIAA going after the military troops?
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It's obviously illegal to download a copy of Microsoft Windows, but somehow not being able to download a song is a violation of your rights? Wake up, folks.
As to sentencing, I'm curious about who actually doesn't understand that downloading commercial material you didn't pay for is illegal. Seriously... I don't know a single person that doesn't know that. Maybe they're out there, but from a statistical viewpoint based on my little corner of the world, it's not looking good.
We need to solve the problem of reconciling our right to fair use and the content provider's right to be paid. They're both valid, and violating either should be illegal.
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The Sellers intentions are irrelevant
As Ram_R said, "Will it then be illegal for one to buy a packet of chewing gum and then "share" it with others?"
When this RIAA business started up, I swore never to buy music from them and I never have. So they don't lose even a cent if someone else shares music with me.
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But Germany doing something horrifyingly draconian? Who could've imagined THAT?
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Some habits die hard
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RE: Two years in jail?
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Everyone keeps going way overboard
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Germany's answer to everything...
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except for the whole thing about nothign being stolen and all.
which also means that the download wasn't illegal.
Anyway, heil hitler and all that non-sense. fucking german maniacs.
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Concentration Camps for downlaoders!
hah
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If I sent the artist a stolen pack of gum would they then be arrested for handling/receiving stolen goods?
If they then shared that gum with fellow artists before being arrested would they then also face 2 years for conspiracy after the fact?
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And everybody who thought (and spoke up) that we should not attack Iraq four years ago was a 'terrorist'.
I will accept your 'right' to download software I have written, without paying for it.
You will do this because;
you would not have paid for it in the first place,
you don't like my business model
or its not theft to obtain a digital good without payment.
You will have to accept that I am going to 'protect' my software with code to damage your PC and your reputation.
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Like a Hallocaust!
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Global crackdown begins on N. Korea, but neighbour
Seoul, Oct. 15 (AP): A global crackdown on North Korea's nuclear weapons program began on Sunday with countries divided over how to enforce U.N. sanctions in a foreboding sign that imposing the punitive measures may not be easy.
Japan and Australia, staunch North Korea critics, prepared harsher penalties against the communist regime, South Korea was mum on details of its plans, and China, a major source of leverage over Pyongyang, refused to partake in certain measures.
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