Do Grade Changing Hackers Deserve 20 Years In Jail?
from the seems-a-bit-extreme dept
Over the years, we've had numerous stories of kids caught changing their grades by hacking into school computer systems. However, is it worth a $250,000 fine and 20 years in jail? That's apparently what two men face after hacking into California State University's computer system and changing their grades. The guys have been charged with "unauthorized computer access, identity theft, conspiracy, and wire fraud." Obviously, these guys did a bad thing, but it's hard to see how the possible sentence matches with the crime. Of course, it seems unlikely that any judge would give them the maximum sentence, but even hearing that it's possible just for changing your grades seems ridiculous.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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Filed Under: grade changing, hackers, identity theft
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They deserve 200 years
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Isn't this what paper is for?
I mean its not THAT hard to go double check paper records at the end of the year.... make the TA's do it.
Or the teachers at smaller schools, my school doesn't have any classes with over 50 kids in it.
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I wonder...
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Re: Isn't this what paper is for?
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Stupid
For a legal system that is intended to find punishments to fit the crimes, it seems to fail at all of the above. Not to mention we take our schooling system far too seriously. Does a changed grade by a teenager warrant the devastation of the rest of their life?
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Last I checked
the answer is to issue more severe punishment for the severe crimes. If you murder someone, jail for life, you commit a crime with a deadly weapon, jail for life. You sexually assualt a kid, jail for life. Not 20 years and parole in 10. I'll gladly pay more taxes for jails and guards rather than probabation officers, public aid and all the grief Counselors.
Remember the old adage 20% of the people do 80% of the work? Well I would suggest that 20% of the criminals commit 80% of the crime. You lock that 20% up for good and let's see what happens with crime. Then you won't need to spend all the money we spend on the criminal justice system and we can spend it on important things like making sure cows don't spew carbon dioxide into the air. OR sending our military secrets to China.
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It's hard enough being in a top 5 engineering school. I don't need some lazy prick with no social life and less intelligence to skew the class average to put everyone else at a disadvantage. Fuck them. They had no business changing their grade. They did the crime, knowing the consequences, with bad intentions. None of it was an accident (aside from them being caught) - and I sure as hell don't want to let them potentially have a second chance - so they deserve maximum sentence.
There are smarter fish in the sea, why waste our efforts on these assholes.
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The only part of the story you got right was the potential 20 years - billiant, who needs proper journalists ?.
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Ummm...
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I'm with Boris
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at least they get a trial, unlike kevin mitnick
that means he sat in a cell for 4 and half years BEFORE they found him guilty or innocent. once they finally convicted him he only got 5 years.
the precedent is clear: if you scare the public you will go away forever, even if the public has no clue what you actually did.
hackers are the new child molesters. they scare us and we throw the book at them rather than taking real measures to protect what we think is important.
so if you ask me, if they get a trial and have a decent case they most likely won't get 20. plus, since it sounds like they are actually going to get a speedy trial i say they are getting off easy compared to kevin mitnick.
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-Anthony
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No sympathy here
They'll get out on good behavior in a couple years anyway. Maybe less.
-d
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Re: No sympathy here
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Re: Last I checked
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Re: Re: No sympathy here
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Re: Re: Re: No sympathy here
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Re:
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Re: Re:
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Big Punishment=Police State
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"yea, uhh, there students. They hacked into their grades."
there = they're.
"yeap, your still ingorant."
you're, ignorant, yeap?
Bleh.
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deterence
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Rewards for hacking
The majority of 'real' hackers today don't get rewards from their victims. Their coin is the creds that they get form their own closed and insular group of peers.
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Money
Maybe our jail system would be able to handle more inmates if we shut down the low security prison and convert them to house the dangerous ones, then keep them there for the appropriate amount of time.
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Re: #11
You need to get your English straight. If it can be changed, it's not permanent by definition.
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So, Anthony...
"you need good english skills, logic, and a good programing language, These things dont come up in the wild."
I am sure that hackers are getting all the respect they deserve from Anthony and other supporters. I see and hear this type of horrific sentence formation more and more these days. Perhaps this is because so many hackers have focused too hard on scamming instead of cramming.
Ba dump bump...pssshhhh!
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Re: They deserve 200 years
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Re: Re: Re:
-PB-
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Re:
Your overzealous pride and elitism aside, the ability to hack into the school's server shows intelligence and motivation. Perhaps they should be hired by a security firm instead of being punished, especially if they do something creative in the hacking process.
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Bull!!
Then...get a PBJ and put them to work for the FEDS to teach them how they did it and the techniques used. If you can't do the time don't do the crime! But 20 years is excessive IMHO.
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Re:
It's hard enough being in a top 5 engineering school. I don't need some lazy prick with no social life and less intelligence to skew the class average to put everyone else at a disadvantage. Fuck them. They had no business changing their grade. They did the crime, knowing the consequences, with bad intentions. None of it was an accident (aside from them being caught) - and I sure as hell don't want to let them potentially have a second chance - so they deserve maximum sentence.
There are smarter fish in the sea, why waste our efforts on these assholes."
Less intellegent? They "hacked" into the school system, right? Seems like they're fairly intellegent. The issue is that they are either lazy, or did not want to do the work...
In my high school Algebra class (yes, I'm in college now, taking calc and such...), I never did homework, slept in class, and only did the tests... I got straight A's... Granted, I didn't go in and change my grade or anything, but why work more when you can work smarter?
I don't think they deserve maximum sentence simply because they thought outside of the box (compared to you) and decided not to do all the grunt assignments...
"So they weren't kids, they weren't just changing their own grades (paid the other cash), and there's more to the indictment thatn just changing grades.
The only part of the story you got right was the potential 20 years - billiant, who needs proper journalists ?."
Sadly, the news article linked in this article says the same thing that this article says (including the identity theft, which is just the acquisition of the usernames and passwords of those individuals capable of changing grades...). This article is accurate to the linked article...as well as to the indictment linked...
"Changing grades, even when it's only your own, *can* be more permanently damaging to more people than stealing money since it has the potential to change the availability of opportunities by changing the permanent record of a person's knowledge. In this case, since an individual changing his own grades is only likely to shift the curve by one head, I'd expect the judge should not grant the max, but I can certainly see why the max is ava."
I'll remind you that a grade in a class is not symbol of knowledge gained, only criteria met (i.e. passing tests, doing assignments/homework, etc.). I can get straight A's by doing all of my assignments, but forget it the very semester after I've taken the course, which is often the case with students taking core required classes...
"So Anthony believes that hackers should be respected? I wish that the English language could gain a bit more respect as well. With gems like this on from Anthony,
"you need good english skills, logic, and a good programing language, These things dont come up in the wild."
I am sure that hackers are getting all the respect they deserve from Anthony and other supporters. I see and hear this type of horrific sentence formation more and more these days. Perhaps this is because so many hackers have focused too hard on scamming instead of cramming.
Ba dump bump...pssshhhh!"
Lol! It's true that Anthony doesn't user proper grammatical formations...but the meaning of his sentence is clear...sort of. :D
I agree that hacking shouldn't be rewarded, but it also shouldn't be punished with such scrutiny. I mean, I understand that everything is interlinked and affects on one system could damage another quite easily, but changing a grade is hardly equivalent to attempting a fire storm...
Yep...ProphetBeal makes a good point. :D
"Your average idiot is, under normal and reasonable circumstances, unable to crack a secure server's database and make changes to grades and records.
Your overzealous pride and elitism aside, the ability to hack into the school's server shows intelligence and motivation. Perhaps they should be hired by a security firm instead of being punished, especially if they do something creative in the hacking process."
Technically, ProphetBeal is right... Social engineering is NOT hacking; it's merely manipulation of the "average idiot"... That's why the largest security threats nowadays are social engineering techniques instead of trojan viruses.
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Not getting 20 years
Funny, if you copy one single DVD the potential penalties are more severe. The maximum sentences are there for people who commit heinous and egregious acts that are covered under the laws. Take the same accusations (unauthorized computer access, identity theft, et. al) and apply them in the worst possible way (ID theft to intentionally ruin someone's life, framing them for several things, stealing all their money; unauthorized computer access to take down security networks to allow people to infiltrate places of high sensitivity (i.e. military bases)) and the penalties don't seem so severe. Remember that MAXIMUM sentence is not what you're always going to get. Just think of the murderers who get a good 8-10 years and go back into the world after that. Happens all the time.
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50 years hard labor, and I mean really hard labor makes anyone think twice. What we have now isn;t punishment. Hang wit da boyz, 3 square meals, health care... Yea that will prevent crime and the metrics prove it (and I have a bridge for sale)...
Freaking libs shut the f$%^ up already before you piss the real men off and make us TAKE back America by force.
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Wait a minute!
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There is always a maximum sentence
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take heed
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Re:
You do know that the constitution prohibits cruel and unusual punishment, right?
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Re: Re: Re: Re:
"These students aren't hackers. They are being pegged as hackers but if you read the article 1 of the guys worked at the IT help desk for the college and acquired his bosses password (which isn't that hard and doesn't require any hacking). Then he used the password to gain access to other user info which in turn led him to having access to his and his friends grades. None of this had anything to do w/ programming or jargon files...just a bit of logic. Although the guy was pretty stupid cause he pulled this scam while they were auditing the systems, and so he was caught."
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Most are not that smart
Rich
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Re: Re: No sympathy here
I don't even know where to start about "yeap."
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I'm not amused
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Re: Re: Re: Re: Re:
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You can thank Sen Orrin Hatch for this mentality
Of course that didn't apply to him when his staff stole 5000 documents from the Senate computer.
http://cita.es/democratic/
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2. If at any time the number of criminals rises above that of law abiders then there is something wrong with the laws, not the people.
3. When judging the penalties of a crime, one cannot look at what could have happened, only at what did happen. You cannot, in good moral conscience, sentence one person harder than another because thier crime could have lead to a greater disaster.
4. These guys did break a law, that is a fact. However, the proposed punishment does not in any way fit the crime. Want to truely punish them? Flunk them and then expell them. Maybe tack on some comunity service. We are not talking about terrorists here.
Just the fact that they could recieve such harsh sentences should raise the red flags in every americans head. Look around you people. Three strikes laws, life sentences for internet piracy, now 20 years and 1/4 mill for grade changes? This isn't rediculous, this is abuse of power by people riding the crest of a massive witch hunt, and I have news for you all, we are the witches.
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Re: They deserve 200 years
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Re: Re: #11
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Re: Re:
Yeah hacking is nice skill, and I respect the skilled hackers out there fully. However, there's a reason that hackers (as well as all other computer proficient people) go to college - there are things out there you CANNOT learn on your own.
The developer of the original intel processor isn't going to come to your home and teach you how to make one yourself. Nobel laureates aren't going to give lectures to you over your cell phone in high school.
Like I said, I go to a top 5 engineering school (top 9 among ivy league - although we've got plenty of majors and programs surpassing theirs), I intend to go to graduate school when the time comes. My chances of getting there are definitely lessened by dishonest people such as these. Any kind of cheating that is caught in my school sends you to trial, and your minimum punishment, if you're lucky, will be nothing less than loss of credit (it's usually expulsion though).
The fact that he needed to hack proves that he is NOT intelligent enough to keep up with things that are harder learned than by reading tutorials on public websites.
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Changing grades
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Re: Most are not that smart
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If these kids were real hackers;it would have taken them years to find out that somebody changed their grades.
God bless ignorance.. hey, is that Osama taking picture of the white house?
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Re: They deserve 200 years
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Maximum Exposure
But really: CSU--Fresno, one of the top 5 engineering schools? Really. Well, I heard it here first, on this most reliable techblog.
The other thing I can't get over: the word permanent. We have to realize that the entire English language is not "permanent" in the literal sense of that word. We need a new definition of permanent, something akin to "it takes a huge amount of effort or time to change." Like the criminal-justice system, or people's hatred of/sympathy for "hackers", or people's opinions as expressed on this blog.
Nah, no one will like that. Better leave it the way it is.
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Only in the US...
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Crazy Sentencing Laws Everywhere
1. If they are expelled, they probably won't get the necessary education to guarantee a life with a decent income. Which then will cost the taxpayers due to the fact they won't have health care, maybe wind up on welfare, and won't be able to contribute to the economy.
2. If they are put in prison, the taxpayers have to pay to house them, feed them and train them to be able to support themselves when they get out. Also we have to pay for a probation officer to track their movements and make sure they keep out of trouble.
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Re: Crazy Sentencing Laws.
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Can't trust prosecutors or judges
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Re:
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Re: Re: Re:
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1) 'B.S.' DEGREES $CAM AT TOURO
2) TOURO'S 'MASTER CHEATS'
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Re: They deserve 200 years
Interesting handle - did someone give it to you?
=;^)
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Re: Re:
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and as for the "if you can't do the time, don't do the crime" people, what the hell? are you fucking retarded?
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Re: Boris
Do you imply that you actually go to one of these?
Because for sure a person with your attitude does not belong there. Or maybe the opposite, you do belong there, so your arrogance can be satisfied.
Yeah yeah, you really really want to be the best, don't you?
Brrrrraa!
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Re: I'm not amused
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Re: Last I checked
... we can spend it on important things like making sure cows don't spew carbon dioxide into the air. OR sending our military secrets to China.
---
Cows are sending our military secrets to China?
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Re:
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Re: Re:
Like having to listen to you libbercrats.
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Re: Last I checked
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Re: Last I checked
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Oh my god
I think that criminals in general need to be incorporated into society through some kind of program/procedure. After serving a decent amount of time, of course; decent for example being 10-20 years for murder and rape, 5-10 for planned robberies, and so on. I don't think that many crimes justify the use of lifetime imprisonment, and I don't support capital punishment at all (so many innocent people have been executed over the years).
We're all capable of committing mistakes, and those mistakes shouldn't cost us our lives. Now, these guys need to pay the price for what they did, but not with their lives (which 20 years in prison at the age of 30 essentially is). We need to think about the purpose of prison. Do we keep people locked up simply to punish them, or to protect others from them? Just make the analogy to a child doing something wrong. We don't beat the crap out of the child for taking a cookie from the jar. We restrict their access to cookies for a couple of weeks, and then they won't steal cookies again. (Not the best analogy, I know, but it's just to illustrate the ideas. You can probably come up with better ones.)
I really hope you think about this, and reconsider your views.
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Please
You say 5-10 years for a planned robbery. That is exactly what they did. I would give them that penalty then. They knew exactly what they were doing and that what they were doing was illegal and had legal consequences.
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I work at a school.
Once you leave our domain to hack ANYTHING in the outside world, you have a different story.
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Re: take heed
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Deep breaths and calm rational thinking
The main issue at hand is that these 2 guys are facing a punishment was too harsh to be appropriate for what they did. All these people who spout off crap like "I'm at one of the top 5 engineering school" whining about how hard it is to get there and people saying "If you can't do the time, don't do the crime" probably A, know nothing about computers beyond how to use a web browser and B, probably know nothing about law. C could be that Mr. top 5 probably isn't in a school good enough to even be ranked, much less a top 5.
Seriously, think about it, a grade change affects your GPA and might mean you can qualify for a degree program you're not ready for if they limit entry by GPA, which means at most these people affected 2 other students lives temporarily. Maybe some faculty/staff now need to check the books and get everything put back in order, which would take all of about 5 man hours tops, and the other 2 students would be in the right program a semester later when the 2 jokers fail out. So at most affecting about 4-6 people for a 3 month period tops, yet for this inconvenience they face up to 20 years in jail. Anyone with 2 brain cells to rub together can figure out this is excessive and that the laws are broken.
Proving my point, I was required to take some law classes for my major, including one that focused only on computer law. The punishments for even minor computer infractions often are harsher than murder, which means either someone hacking their credit card to be debt free is more harmful than someone taking a machete and putting it through someone else's head, or the laws are broken. Having shared in the grief of friends and family friends who were left to pick up the pieces of their lives after losing their relatives to murder I can say with certainty that the laws are broken.
Yeah, a top 5 school might be hard for you, I was in a top 10 but it was a cake walk for me so quite whining and going on about how these people ruin everything for you and should be harshly punished, they shouldn't, and anyone who doesn't live in a self-centered bubble can see that.
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Re: Deep breaths and calm rational thinking
And something to think about: a lot of you argue that these guys should pay quite a big price for their crime. Yet, I think most of you "illegally" download material from the internet, and I doubt you would be as understanding if it were YOU being fined $1M for downloading a few songs. I think you would be outraged at the magnitude of the punishment. By the way, those of you who feel that you don't "illegally" download anything from the web need not state so, because no one cares.
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Wow
I think that's a record.
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Re: Re: Deep breaths and calm rational thinking
As for intelligent discussion. Extremes give us a nice black and white look though, which makes people comfortable when dealing with the law since we can then say you do action ABC you get the punishment that goes along with it. No mercy, no quarter, plain simple punishment that is harsh.
The simple fact is while people are caught up in themselves even educating people about how some crimes are punished to an inappropriate level won't fix anything, especially if we must move people out of their comfortable black and white zone. As a society we must change our entire culture to look out for each other always, and then we must look at crimes and their full effects to determine proper punishments. We also have a strong need for people who actually know what they're talking about to advise judges and the jury about technical crimes, but sadly most court experts don't have a clue what a computer is much less what it does (ok, slight exaggeration, but some experts really are close to this bad). All too often experts wind up doing things that spoil the evidence in computer based cases, forgetting to make a back up of a hard drive before investigating it for illegal materials for example.
With the RIAA we have so many examples of threat of large fines for something far too minor to justify those fines. Several thousand dollars in damages per song is way out of line, and the possibility of 20 years plus a quarter mil fine for changing grades is obscene, even if it doesn't get used.
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Re: Re: Re: Deep breaths and calm rational thinkin
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Re: Re: Re: Re: Deep breaths and calm rational thi
Actually a recent study done by the Canadian government showed that people who file share more songs buy more CDs with a mirrored increase. A direct correlation can not properly be established from this study, but one can say there is proof now that people who file share more do buy more CDs and that file sharing does not actually harm the industry in any provable way.
Now some may say "but that's Canada" but this is the first study that hasn't been done by the RIAA or one of its many branches and I'd bet good money that the same holds true most places in the world. I realize that most people who post here would take the Canadian study at face value and accept it, but I aim to get all the arguments out of the way before some RIAA astroturfer finds this and says some crap.
The study as I said is the first that wasn't done by one of the media organizations, the first study also that doesn't show billions or trillions of damages from piracy. It was also done in a controlled way that accounted for diversity in people/personalities by covering a large population over a moderately long time. It's the only study that hasn't been conducted using assumptions from the media groups as if they were facts, and the only one that can't be ripped apart by someone knowledgeable taking a look at it.
[end semi-rant]
So yeah, internet file sharing is at least related to buying more music.
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Re: Wow
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Re: Most are not that smart
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Re: Oh my god
It helps me. I like to see other people suffer because it makes me feel good. If I can't go out and take out my frustrations on people myself then I can at least get a vicarious thrill out of seeing it done on my behalf through the legal system. Kind of like how porn is a substitute for the real thing. So I say the tougher the penalty the better. And the more people in prison the better (as long as it isn't me). If the system wants my support then it better keep giving me what I want.
Keeping people locked up costs a *lot* of money and resources.
Maybe, but it's worth it.
I don't support capital punishment at all (so many innocent people have been executed over the years).
Too bad you weren't one of them.
Do we keep people locked up simply to punish them, or to protect others from them?
We do it because we like it.
We don't beat the crap out of the child for taking a cookie from the jar.
We're not allowed to do that directly. But we can convict him of theft and send him off to a boot camp where he will be beaten on our behalf. Then maybe we can read about it in the news (especially if they do a really good job and he dies). Still, not quite the same as doing it yourself though.
I really hope you think about this, and reconsider your views.
What's there to think about? Yeah, it's a compromise but then life is full of compromises. You can't always get what you really want.
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Re:
Then maybe someday you can write a poem about all that "bubba love" you got while you were in prison for hacking.
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You'd think...
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I hacked the fuck outta my school last year and got less than a "slap"! (the idiots found out after I graduated)
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Re:
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Unfair
That's unfair, the kids should only get an approximately 2-year imprisonment. Furthermore, why through those kids in jail? Why not put them in juvy, jail's taugh, don't you think?
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