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You are right, it's murky, but I'd argue it's only murky because of powerful IP owners making it that way. There was a presentation by Lawerence Lessig everyon
by RobertRoberts 4y ago
You are right, it's murky, but I'd argue it's only murky because of powerful IP owners making it that way.
There was a presentation by Lawerence Lessig everyone should watch from years ago. There was a time when by default _everything_ was public domain, unless explicitly copyrighted.
This has flip-flopped to now where almost nothing is public domain. How did this happen? Money bought enforcement of made up rules and then laws were bought (lobbied?) to take everything out of the public domain.
A simple legal test. Can you make a backup copy of your own data? Yes. Of your own movies? (still just data) Yes. But people still seem to think, maybe it's illegal when it is not.
Can you give your backup copies of _your_ data to your friend? Yes. Even if it includes your movies? Yes.
Why? Because under copyright laws it doesn't cause harm, it's not fraud, etc... I've been to court over copyright infringement, it's a civil issue in almost _every_ single case normal people would be involved in.
Here's what it takes to be "criminal" where you are in trouble with the _law_. (Civil is a contract violation between people, _not_ with the government)
* Done so for private or commercial financial gain;
* Over 180 days, reproduced or distributed 1 or more copyrighted works with a total retail value of over $1,000; or
* Released over a publicly accessible computer network material that was intended for commercial distribution
[source: https://www.draskovich.com/blog/2019/december/is-copyright-infringement-a-civil-or-criminal-ma/ https://www.draskovich.com/blog/2019/december/is-copyright-i... ]
Now, do you even know a _single_ person that has committed a _crime_ of copyright infringement? I would argue very, very likely no.
Therefore, you making copies of your movies and giving them to friends (even over the internet) for _fun_ or whatever, constitutes civil copyright infringement, _not_ criminal.
If you cross the street without using the crosswalk you are breaking a criminal law. If you drink booze under 21, criminal. If you smoke weed, criminal.
If you copy a movie and even share it on the internet, NOT criminal, it's civil offense.
This doesn't even get into the issues with consciences objections to insane laws.
Last argument: If your core argument is loss of money if copyright was put back to 14 years instead of the bonkers length it is now, I argue patent law proves otherwise. And the rampant file sharing has not hurt any jobs I've heard of so far. (artificial scarcity/supply/demand)
/rant
- giantg2 4y agoGenerally agree, with some caveats. "There was a time when by default _everything_ was public domain, unless explicitly copyrighted." That wouldn't really change rhis issue because the producers would still copyright. "Now, do you even know a _single_ person that has committed a _crime_ of copyright infringement?" Given this: "Released over a publically accessible computer network material that was intended for commercial distribution" Yes, a fair amount. The reason they focus on the civil side is that the company can recover damages that way. They likely could go after many individuals criminally if people are distributing over publiclly accessible torrents or download a lot of new movies (not released on DVD digital) in 180 days. Either civilly or criminally, it can be a terrible time, and many people don't want to risk that. "If you copy a movie and even share it on the internet, NOT criminal, it's civil offense." As long as the movie is not theaters-only. "If you cross the street without using the crosswalk you are breaking a criminal law." Not quite. Jaywalking also requires that you impede the travel of a vehicle. "If your core argument is loss of money if copyright was put back to 14 years instead of the bonkers length it is now" I'd be fine with shorter lengths. I believe Disney was one that lobbied for the longer length. That doesn't really address people circumventing copyright during that 14 years.
- RobertRoberts 4y ago> That doesn't really address people circumventing copyright during that 14 years. This is really the crux. How many lawsuits have there been where someone used a patent for personal use, shared their use on the internet and was sued for millions of dollars and lost in court? (even 1?) I feel it's an absurdity that I can spend _millions_ making a widget and after 15 (or 14?) years anyone can use my design for free, and somehow people support this limitation for patents but not for copyrights. (and we still have a vibrant economy based on patents)