What is Piracy?
Posted in Rants on March 29th, 2007 No Comments »
In an off topic digression (my fault… did I mention I’m something of a pedant?!) on the Minthegap blog, a commentator called Anna wrote:
and as for your comment Stephen, I have nothing to say but that our definition of piracy differs. Burning a couple of CDs for friends is piracy. I don’t think its wrong, but tis against the law and is defined to be piracy.
It is against the law, but of your law actually calls it piracy, then your law is an ass.
Piracy is robbery committed at sea, or sometimes on the shore, by an agent without a commission from a sovereign nation. Seaborne piracy against transport vessels remains a significant issue (with estimated worldwide losses of US$13 to $16 billion per year), particularly in the waters between the Pacific and Indian Oceans, off the Somali coast, and in the Strait of Malacca and Singapore, which are used by over 50,000 commercial ships a year. A recent surge in piracy off the Somali coast spurred a multi-national effort led by the United States to patrol the waters near the Horn of Africa to combat piracy. While boats off the coasts of South America and the Mediterranean Sea are still assailed by pirates,the Royal Navy and the U.S. Coast Guard have nearly eradicated piracy in U.S. waters and the Caribbean Sea.
http://en.wikipedia.org/wiki/Piracy
Record companies want us to think of copying of music as a high crime, so they link it with robbery and pillage on the high seas. And yet it is clearly not. They include film clips and adverts that tell us that if we tape someone else’s music, we are contributing to organised crime and the drug problem. But we are clearly not.
There is an attempt at guilt by association here, and yet if you consider the issue, there is often not even any kind of theft except in some spurious legal doctrine.
Consider if someone takes a copy of an mp3 from someone else to listen to. That taking is a breach of copyright law. The content is not licensed to the person who took it, and thus the copyright owner may say that he has no right to do so.
But if that person would not have bought that music (and we must be very sure he would not have done so), then in what way has he deprived the copyright owner of his property? The owner still owns the copyright, and he is not out of pocket. So where is the theft?
Of course, with the ability to buy mp3s at very low cost now, the point may be moot. If someone wants an mp3, they presumably have means to get it themselves. The theft comes then in depriving the copyright owner of their payment.
But we should still bear this principle in mind when we consider license agreements on software with restrictive clauses, or attempts to otherwise skew rights in favour of the companies who have bought the copyright on works. Copyright is only legitimate if it works in the interest of the public (as are patents for that matter).
So what do we have? A crime that is not always morally reprehensible (except inasmuch as disobeying law is reprehensible) being deliberately compared to murder, pillage and robbery on the high seas, drug trafficking and organised crime.
And then the same companies pushing these unhelpful analogies manage to get a law passed in the US that makes it illegal for you to even point to a place that might tell someone how they might circumvent copy protection systems! So much for freedom of speech!
Someone raised an old bugbear that evangelists are in it for the money.
In the UK, no matter what ISP you use, you pretty much always end up dealing with BT engineers. This is really really bad, because BT Openreach engineers are so variable.