So much for those pesky investigations in the future
"While the police may not have been required to corroborate the CI’s assertions, once they undertook this surveillance and observed no such criminal activity, this lack of corroboration should have been included in the warrant application."
JBT Translation: "Once you've got a snitch's story, don't bother investigating before you ask for a warrant."
"Perhaps someone can send Cameron a copy of Enemy of the State or any other fictional work showing how the government can abuse such information."
Let's not give the mental midget any more great ideas. Isn't it bad enough that they're using 1984 as an (ab)users manual? These people don't get the concept of "cautionary tale".
Re: Re: Re: Re: Re: Re: Does this mean we have to stop calling them "bank robbers"...
PaulT: "What did you think I was addressing?"
Since you prefaced your post with my request...
"Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft."
..and immediately started talking about "Copyright infringement by an individual", I just naturally assumed you were addressing my request. Silly me.
T"ry to clarify what you're" answering. "It'll be easier."
As for this: "It deprives them because if the copyrights have transferred, then those people have lost the rights to sell, modify, remix, re-record, etc. their own work."
Make up your mind. If copyright doesn't legally prevent individuals copying files, then it doesn't prevent creators copying their files. If an assigned copyright prevents a creator copying the files, then it prevents other nonholders of the copyright copying the files. Either copyright exists, or it doesn't. You can't have it both ways. Unless your meds have worn off.
Moreover, if the "copyright" itself -- not the work -- was stolen as you and MrWilson would have it, then the copyright reassignment by definition is invalid, and the invalid reassignment confers no privilege on the thief.
Re: Re: Re: Re: Does this mean we have to stop calling them "bank robbers"...
MrWilson wrote: "Musicians who have had their copyrights stolen by corporations are victims of theft." Which prompted me to ask: "Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft."
Whereupon PaulT disingenuously pretends that I asked something else.
"Copyright" is a government created privilege that protects the fair chance of a creator to make a buck. Like it or not, and I figure you don't -- nor do I actually -- in our current system, "copyright" is a legal doctrine which assumes that unauthorized copying does deprive the copyright holder. Therefore, in the existing system, something "is lost".
If, as you assert, "copyright" does not protect against unauthorized copying, then "copyright" is an intangible that can't be taken physically. You are in the position of saying that the word "copyright" only means something when you want it to mean something, then accusing meof playin g games with semantics. Why not "Just use the words that apply"?
You'll note that in my examples I very specifically addressed whether copies or pysical originals were taken in each scenario. I wasn't speaking of a legal fiction, a government-provided privilege that protects the ownership of data being taken; I spoke of the data being taken of copied.
Back to my original question, paraphrased for the logic-impaired. Why is unauthorized copying by an individual not theft if the same act by a corporation is theft? How does MrWilson's "copyrights stolen by corporations" deprive the artists of the data/information/songs/books/etc they still have? How does a corporation steal a an intangible government-provided privilege; a forged contract assigning the rights to the company? That's a clear criminal violation -- fraud -- right there, as is a company defrauding others of money be lying and claiming to own a copyright it doesn't possess.
For Bog's sake, if the information is an intangible that isn't lessened, nor the creator deprived, by copying, then how is a gov-granted monopoly on that very data any more tangible lessened by "taking".
Re: Re: Does this mean we have to stop calling them "bank robbers"...
Oddly enough, MrWilson, I didn't use the terms " copyright rape" or "copyright murder"; you did. Now, I might call that technique a "strawman argument", but I'm sure you'd come up with something that makes you sound like less of an @ss. Similarly, I didn't use the term "pirate" as you did.
I do note that you admit that this unauthorized use constitutes a crime (" a description of the crimes committed "). Even though you don't want to call it theft. Get used it. You may -- as even I do -- think the current system of copyright law is wrong. But... it is the law for now. A great many people whose works have been used without authorization do colloquially refer to this as theft, since it often does (contrary to "information wants to be free" types') negatively impact sales.* "Colloquial" is the key here. Possibly it escaped your notice that musicweek.com is not a court, and their article was not a formal legal ruling from the bench.
Interestingly, in the US, copyright infringement has formally been considered theft, as opposed to mere colloquial usage. Public Law 113-52 (17 USC § 504) includes language that implemented... ...wait for it... the Digital THEFT Deterrence and Copyright Damages Improvement Act of 1999 (emphasis added-cb).
"Musicians who have had their copyrights stolen by corporations are victims of theft. The public who has had its public domain works stolen by Congress and their masters in those corporations are victims of theft. As Nina would say, "copying is not theft"
Now you've confused me. Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft. Are you suggesting that the record companies are breaking into musicians' houses at night at making off with all their sheet music and lyrics, leaving no copies behind? Did all those works that were in public domain magically evaporate (some sort of scifi-ish retroactive temporal anomaly) from the universe when Congress changed the rules? And if Congress were to abolish copyrights would currently protected works in the physical hands of artists everywhere somehow vanish and reappear in in someone else's hands, or would such legislation only affect... copying which "as Nina would say, 'copying is not theft.'"?
Why is something affecting copies sometimes "theft" and sometimes not?
--- * I'm all for reforming, or even eliminating, the current copyright system. I await a reasonable explanation of what incentive creators will have to write books, songs, or otherwise create new works in a "the words aren't yours/info wants to be free" (two phrases I heard many times from people who didn't think they should even kick in a small voluntary donation for my books) scenario. When I get that explanation, maybe I'll dust off the next two manuscripts in my series and publish them.
Does this mean we have to stop calling them "bank robbers"...
...since they only steal money from banks, rather than the actual buildings?
C'mon, complaining about "copyright thief" in a very abbreviated headline that indicates topic and not specific details is nitpicking. They used the term to indicate a general class of theft, not that a copyright was stolen.
Re: Every fanboy lusts for the unearned. But common law requires return.
Not theft. Your babble would be more entertaining, and just possibly mildly useful, if you knew WTF you're talking about. The USPS page doesn't cite the actual law, but the applicable US Code title and section is:
Specifically: "(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender."
The US Code " is what applies equally to all people [in the US], and you should learn it".
In related news, regulators are moving to ban water testing, soil pH testing, and Radio Shack multimeters on the grounds that stupid effing regulators are incapable of properly understandin g test results. Meanwhile the Department of Education is evaluating the possible effects on Common Core testing, as they are unsure which group they should consider idiots: students, teachers, parents, or themselves.
My guess is that there are still one or two citizens wandering around outside of prison. Can't have those little goody two-shoes evading their "Three Felonies A Day".
Digression: Do I understand correctly that K-man calls himself "Dr. Chaps", a monicker which -- given the homosexuality subcontext -- immediately brought to mind the Village People's gay, chaps-clad cowboy?
Re: Phony PR, while Google omits how much routinely sells gov't.
"So what exactly is the draw to Techdirt? I like it because a small forum where I stand out"
No, you're a sad, pathetic, little troll with no life. If you wanted to "stand out," you'd post insightful comments under your real name. Instead, you hide behind anonymity.* That isn't standing out.
* I'm a fan of anonymity when it's needed to hide from injustice. I'm not so much a fan when it's a SPLT hiding from any and all consequences of its ill-considered speech.
If they've nothing to hide, they have nothing to fear in releasing the SPOT data
I just love the excuse that, "We can't tell you what or how we do what we do because that would hurt what or how we do what we claim to do;" whether it's the TSA hiding their SPOT program, or the NSA and its spying, or...[insert agency/clusterf-k ad infinitum]... I carry a handgun for personal defense. The fact that ballistics data on the .45ACP cartridge has been widely published for a century doesn't seem to be hampering its effectiveness.
But then, I'm concerned with personal security. They are concerned with their job security if they ever admit how screwed up and useless they are. Which, considering how tough it is to eliminate a federal program, just demonstrates how paranoid they are.
"Now, you could easily make the argument that these companies support the politicians most who already support them"
I usually don't buy products I already own. I'm reminded of the definition of an "honest politician", i.e.- one who stays bought. Which merely confirms what we've long known about Feinswine.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Y'all picked alll that Google stuff...
On the post: Former Cop Proposes Law That Would Allow Officers To Ticket You Without Ever Leaving The 'Safety' Of Their Vehicles
Unnecessarily complicated
Then the cops wouldn't even have to get out of (or out from under) the bed. What could be safer?
On the post: Drug Task Force Officer Denied Qualified Immunity For Violating Citizen's Rights With Illicitly-Obtained No-Knock Warrant
So much for those pesky investigations in the future
JBT Translation: "Once you've got a snitch's story, don't bother investigating before you ask for a warrant."
On the post: David Cameron Says Snooper's Charter Is Necessary Because Fictional Crime Dramas He Watches Prove It
No, no, no...
Let's not give the mental midget any more great ideas. Isn't it bad enough that they're using 1984 as an (ab)users manual? These people don't get the concept of "cautionary tale".
On the post: The FDA Wants To Dig Through Everyone's Stuff In Order To 'Monitor Online Sentiment'
Hardly seems cost effective
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re: Re: Re: Re: Re: Re: Does this mean we have to stop calling them "bank robbers"...
Since you prefaced your post with my request...
"Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft."
..and immediately started talking about "Copyright infringement by an individual", I just naturally assumed you were addressing my request. Silly me.
T"ry to clarify what you're" answering. "It'll be easier."
As for this: "It deprives them because if the copyrights have transferred, then those people have lost the rights to sell, modify, remix, re-record, etc. their own work."
Make up your mind. If copyright doesn't legally prevent individuals copying files, then it doesn't prevent creators copying their files. If an assigned copyright prevents a creator copying the files, then it prevents other nonholders of the copyright copying the files. Either copyright exists, or it doesn't. You can't have it both ways. Unless your meds have worn off.
Moreover, if the "copyright" itself -- not the work -- was stolen as you and MrWilson would have it, then the copyright reassignment by definition is invalid, and the invalid reassignment confers no privilege on the thief.
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re: Re: Does this mean we have to stop calling them "bank robbers"...
That was my point.
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re: Re: Re: Re: Does this mean we have to stop calling them "bank robbers"...
Which prompted me to ask: "Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft."
Whereupon PaulT disingenuously pretends that I asked something else.
"Copyright" is a government created privilege that protects the fair chance of a creator to make a buck. Like it or not, and I figure you don't -- nor do I actually -- in our current system, "copyright" is a legal doctrine which assumes that unauthorized copying does deprive the copyright holder. Therefore, in the existing system, something "is lost".
If, as you assert, "copyright" does not protect against unauthorized copying, then "copyright" is an intangible that can't be taken physically. You are in the position of saying that the word "copyright" only means something when you want it to mean something, then accusing meof playin g games with semantics. Why not "Just use the words that apply"?
You'll note that in my examples I very specifically addressed whether copies or pysical originals were taken in each scenario. I wasn't speaking of a legal fiction, a government-provided privilege that protects the ownership of data being taken; I spoke of the data being taken of copied.
Back to my original question, paraphrased for the logic-impaired. Why is unauthorized copying by an individual not theft if the same act by a corporation is theft? How does MrWilson's "copyrights stolen by corporations" deprive the artists of the data/information/songs/books/etc they still have? How does a corporation steal a an intangible government-provided privilege; a forged contract assigning the rights to the company? That's a clear criminal violation -- fraud -- right there, as is a company defrauding others of money be lying and claiming to own a copyright it doesn't possess.
For Bog's sake, if the information is an intangible that isn't lessened, nor the creator deprived, by copying, then how is a gov-granted monopoly on that very data any more tangible lessened by "taking".
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re: Re: Does this mean we have to stop calling them "bank robbers"...
I do note that you admit that this unauthorized use constitutes a crime (" a description of the crimes committed "). Even though you don't want to call it theft. Get used it. You may -- as even I do -- think the current system of copyright law is wrong. But... it is the law for now. A great many people whose works have been used without authorization do colloquially refer to this as theft, since it often does (contrary to "information wants to be free" types') negatively impact sales.* "Colloquial" is the key here. Possibly it escaped your notice that musicweek.com is not a court, and their article was not a formal legal ruling from the bench.
Interestingly, in the US, copyright infringement has formally been considered theft, as opposed to mere colloquial usage. Public Law 113-52 (17 USC § 504) includes language that implemented... ...wait for it... the Digital THEFT Deterrence and Copyright Damages Improvement Act of 1999 (emphasis added-cb).
"Musicians who have had their copyrights stolen by corporations are victims of theft. The public who has had its public domain works stolen by Congress and their masters in those corporations are victims of theft. As Nina would say, "copying is not theft"
Now you've confused me. Help out a slow guy by explaining why "copyright infringement" by an individual isn't theft, while copyright infringement by a corporation is theft. Are you suggesting that the record companies are breaking into musicians' houses at night at making off with all their sheet music and lyrics, leaving no copies behind? Did all those works that were in public domain magically evaporate (some sort of scifi-ish retroactive temporal anomaly) from the universe when Congress changed the rules? And if Congress were to abolish copyrights would currently protected works in the physical hands of artists everywhere somehow vanish and reappear in in someone else's hands, or would such legislation only affect... copying which "as Nina would say, 'copying is not theft.'"?
Why is something affecting copies sometimes "theft" and sometimes not?
---
* I'm all for reforming, or even eliminating, the current copyright system. I await a reasonable explanation of what incentive creators will have to write books, songs, or otherwise create new works in a "the words aren't yours/info wants to be free" (two phrases I heard many times from people who didn't think they should even kick in a small voluntary donation for my books) scenario. When I get that explanation, maybe I'll dust off the next two manuscripts in my series and publish them.
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Does this mean we have to stop calling them "bank robbers"...
C'mon, complaining about "copyright thief" in a very abbreviated headline that indicates topic and not specific details is nitpicking. They used the term to indicate a general class of theft, not that a copyright was stolen.
On the post: UK Retailer Goes Legal After Shipping PS Vitas To Customers Who Just Bought A Game
Re: Every fanboy lusts for the unearned. But common law requires return.
39 USC § 3009 - Mailing of unordered merchandise
http://www.law.cornell.edu/uscode/text/39/3009
Specifically: "(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender."
The US Code " is what applies equally to all people [in the US], and you should learn it".
On the post: FDA Orders 23andMe Off The Market; Apparently Concerned That People Are Too Stupid To Understand Their Own DNA
Re: Re:
On the post: Editorial Claims Houston Prosecutors Are Pushing Through Nearly 1,000 Sex Trafficking Indictments Every Day
Re:
On the post: Political Candidate Continues To Abuse YouTube's Copyright System To Silence Criticism
A Digression
Dare I ask for the story behind the nickname?
Oh. Wait.
No. I don't.
On the post: Senators Tell Court There's No Evidence That Bulk Phone Record Collection Was Useful
Cue convenient scandals...
On the post: Google's Latest Transparency Report Mocks The Gag Order FISC Puts On Them Over NSA Requests
Re: Phony PR, while Google omits how much routinely sells gov't.
No, you're a sad, pathetic, little troll with no life. If you wanted to "stand out," you'd post insightful comments under your real name. Instead, you hide behind anonymity.* That isn't standing out.
* I'm a fan of anonymity when it's needed to hide from injustice. I'm not so much a fan when it's a SPLT hiding from any and all consequences of its ill-considered speech.
On the post: TSA's $1 Billion 'Behavioral Detection' Program Only Slightly More Accurate Than A Coin Flip
If they've nothing to hide, they have nothing to fear in releasing the SPOT data
But then, I'm concerned with personal security. They are concerned with their job security if they ever admit how screwed up and useless they are. Which, considering how tough it is to eliminate a federal program, just demonstrates how paranoid they are.
On the post: 'Attribution Troll' Issues DMCA Notice To Remove Critical Posts From Techdirt, Boing Boing And Popehat
Just to get in on the fun
http://www.bussjaeger.org/index.html#glass-troll
On the post: Dianne Feinstein Receives Three Times More Cash From Intelligence Contractors Than Patrick Leahy
Re: Re: Re:
...conducting a long term investigation which may or may not result in charges after extensive and careful consideration.*
---
* con·sid·er·a·tion [kuhn-sid-uh-rey-shuhn] 5.a recompense or payment, as for work done
http://dictionary.reference.com/browse/consideration
On the post: Dianne Feinstein Receives Three Times More Cash From Intelligence Contractors Than Patrick Leahy
Purchasing Decisions
I usually don't buy products I already own. I'm reminded of the definition of an "honest politician", i.e.- one who stays bought. Which merely confirms what we've long known about Feinswine.
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