The Criminalization of Noncommercial Filesharing
#1
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The US and other countries have adopted laws providing for the imprisonment of
noncommercial copyright infringers. Post your thoughts, questions, articles etc. here.

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Prosecuting Online File Sharing Turns a Generation Criminal

Seventy-five years ago, Prohibition ended. Just 13 years after launching an extraordinary experiment in social reform, the nation recognized that the battle against "intoxicating liquors" had failed. Organized crime had exploded. Civil rights had been weakened. And an enormous number of ordinary Americans had become "criminals" as they found ways to evade, and profit from the evasion of, this hopeless law.

We're about a decade into our own hopeless war of prohibition, this one against "peer-to-peer piracy." The copyright industry has used every legal means within its reach (and some that may not be so legal) to stop Internet "pirates" from "sharing" copyrighted content without permission. These "copyright wars"—what the late Jack Valenti, former head of the Motion Picture Association of America, called his own "terrorist war" in which apparently the "terrorists" are our kids—have consumed an ever growing amount of legal resources. The Recording Industry Association of America alone has sued tens of thousands of individuals. These suits allege millions of dollars in damages. And schools across the nation have adopted strict policies to block activity that the Supreme Court in 2005 declared presumptively illegal.

I do not support peer-to-peer "piracy." In my books Free Culture and Remix, I condemn explicitly and repeatedly such uses as wrong. And in the hundreds of talks I have given on this subject, I plead with kids not to use technologies in ways that give others a justification for wrecking the Internet.

But though I believe kids should not use the Internet to violate others' rights, I oppose these failed copyright wars: We have not reduced the amount of peer-to-peer file sharing. To the contrary, it has only increased. Nor have artists earned additional revenues from this battle—settlements don't go to the artists but to the lawyers.

Instead, the single certain consequence from this battle has been one our government is strangely oblivious to: its rendering a generation criminal. A concerted campaign by rights holders, politicians, school administrators, and increasingly parents has convinced kids that their behavior violates the law. But that law breaking continues. We call our kids crooks; after a while, they believe it. And like black marketeers in Soviet Russia, they live life getting comfortable with the idea that what seems "obvious" and "reasonable" to them is a crime. They get used to being criminal.

Article written by Lawrence Lessig, a law professor at Stanford Law School and a leading figure in the United States and internationally in cyberlaw.
http://politics.usnews.com/opinion/artic...minal.html

See also http://forum.suprbay.org/showthread.php?tid=67706
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#2
Instead, the single certain consequence from this battle has been one our government is strangely oblivious to: its rendering a generation criminal.

the phrase above is the thing that sticks of for me.
a whole generation of criminals have been made and it's going into the 2nd generation now.
file sharing of media that has been released to the public should be decriminalised.

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#3
(09-10-2010, 07:43 AM)billy Wrote:  a whole generation of criminals have been made and it's going into the 2nd generation now.

It differs country by country. In the US it's been only 13 years.
See http://en.wikipedia.org/wiki/NET_Act

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#4
and all it costs is a few cents on a cd or cassette (is that so?)

if it is why can't all countries do the same?
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#5
i realize that but the usa has a 200 million people pool to collect all those 5 cents from. for every blank sold. that would generate some serious cash. i would think a hell of a lot more people by blanks than cd's with film and music already on them.
how many blanks does everyone who has a a pc own on average. look at every firm that uses them.
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#6
Sharing copied music is legal in some countries, such as Canada and
The Netherlands (downloading only), provided that the songs are not sold.

India enforces the copyrights of the US and other countries. It permits 'importing' copyrighted works without penalty if
they're for one's own personal use. But it imposes criminal penalties for 'distribution', even when not for the purpose of commercial gain.
See http://copyright.gov.in/Documents/Copyri...es1957.pdf
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