Mewing from the Crypt

eternally victimized by the Common Sense Hit Squad

Let's get this straight once and for all

,

Pirating is NOT, and will NEVER be, stealing.

Yes, pirating is illegal in many cases.
Yes, you're free to think it's as bad as stealing.

But it's NOT the same thing. If you say you don't steal DVDs that means you don't take physical copies away from a friend, stranger or store.

It's OK to be against piracy, same as it's OK to think that piracy is just karma catching up to the record industry. Most pirates would like to pay if it was convenient anyway. But it is not OK to willfully confuse downloading with stealing. It's dishonest and not smart. Your average pirate will read this and think "ah, but I don't steal, I just copy like I've always done - nothing wrong about that". And others will think "another idiot that doesn't know the difference between the terms".

That last guy is me, and that last guy is right. Because if you call downloading stealing, you are an idiot. Now, idiocy may well win the day (humanity yay), but if you're the slightest bit interested in being taken seriously by people who aren't as brainwashed as you are, you WILL use the terms correctly, or be mercilessly ridiculed like the little corporate whore you are.

(Damn, it feels so good to be right all the time. I wonder if this is what religion feels like?)

BargainsLet's talk piracy

Comments

Kaffekatten Monday, October 19, 2009 6:59:53 AM

Actually, that last comment is probably a little unfair to little people and whores, since I value both considerably higher than people who confuse these important terms on purpose.

Georgius the PeasantLoki Aesir Monday, October 19, 2009 7:06:27 AM

I disagree. If I wrote a novel, and you got hold of a digital copy of it without my permission, I'd feel like you'd stolen from me. Not the novel, obviously, that you'd have "merely" copied illegally, but the chance to give, sell or show my property to you has been taken from me nonetheless. You can steal things that aren't physical, and if you download something illegally, you're stealing the owner's right to control the item.

That said, I do agree that the distinction is worth pointing out - you are of course right that one does not ever remove any physical piece of property from anyone through doing this. But I feel you're making it a little bit too easy but saying you steal _nothing_. 'Cause in my opinion, you do.

ErlendObdormio Monday, October 19, 2009 7:16:43 AM

I'm afraid I disagree as well. Yes, you don't steal a physical object, but you do steal the intellectual property, violating their right to control copies, and ensuring that the people involved in its creation don't get the compensation they're due.

To go with a practical example; do you really feel Wil Wheaton has no legitimate complaint here?

Kaffekatten Monday, October 19, 2009 7:57:23 AM

Loki: You feeling like being stolen from, I can understand. It is a metaphor at best, though, and it muddies the issue. You can't steal a right - it's not gone just because someone violates it - but you can infringe on it.

You steal nothing. That's not to say you do nothing wrong. You do possibly break the law and make a lot of people pissed. Likely even people who don't deserve it.

I feel that a lot of people "confuse" these terms on purpose to further a moral agenda against file-sharing in general, though. This is wrong and dishonest. It's as if they feel their argument won't carry weight unless they hijack the definition of "to steal". Do they have that little faith in the rightness of their cause, or do they just severely underestimate their opposition?

Kaffekatten Monday, October 19, 2009 8:07:22 AM

Ob: Property has nothing to do with it (that's another confusing of terms I'm opposed to - "intellectual property" is a very fishy term). Copyright, yes. Violation, certainly. Compensation, indeed.

I think it's possible to discuss these issues without resorting to stealing/property metaphors that are intended to be taken literally to make a moral point, though. I'm sure you're not arguing it's impossible to oppose piracy without putting the theft label on it?

Wil Wheaton is an idiot because he calls it stealing when it isn't. Had he gone with "copyright infringement", I wouldn't have had any objections. Which is a shame, because he has a legitimate complaint. He just chose to make it in an idiotic way.

Let's call piracy what it is, and work from there. (Not that piracy is piracy in the classical sense, but since very few people are into marine privateering these days, the odds of misunderstanding are much lower.)

Georgius the PeasantLoki Aesir Monday, October 19, 2009 1:05:13 PM

I still disagree with you, sorry. I see your point that you can't own anything abstract, but I think you can. I own the right to do as I please with my own creations and restrict whoever else can do the same. If you copy them, suddenly you can do this too. You have in effect stolen my ability to be in charge of what happens to my creation. I had it, you've got it, and I don't have it anymore. That's stealing, abstract or not.

Kaffekatten Monday, October 19, 2009 8:07:34 PM

That's stretching the metaphor way too far. By the same logic it's easy to say that pirating is just sharing, in fact it'd be significantly easier, since that is what it is. That's not all it is, however, so the term is inaccurate, and your stealing metaphor even more so (since "stealing" can mean a lot of things "pirating" isn't). You're doing a fair bit better than those who claim pirates "steal DVDs" though, I'll grant you that. But in my opinion you're nonetheless wrong.

Which in itself wouldn't matter so much except that we find ourselves in a climate where there is a constant pressure to make laws that reduce the rights of the general citizenry (surveillance, censorship) and consumers (unreasonable restrictions on how you can use what you've bought). The stealing metaphor is used constantly here to garner support from the clueless, which makes it rather important to use precise terms.

Besides, and sorry for repeating myself, there are more accurate terms available, so why not just use those? There are a larger number of people who believe in their hearts that sharing is not stealing, and there's also the inconvenient fact that sharing with friends is not illegal under Norwegian law, though I imagine a good number of lobbyists and lawyers are doing what they can to make sure our parliament listens to them and not, you know, the people who elected them. Just sayin'.

I'm straying well outside the bounds of the original semantic discussion, though, so that's enough context for now. smile

Georgius the PeasantLoki Aesir Monday, October 19, 2009 8:42:45 PM

I'll agree that naming it copying or violation or rights is more accurate in that it is broader and thus encompasses everything the action entails. But I'm sorry, "stretching the metaphor" isn't a good enough argument to make me understand why one of the things such an action entails is indeed stealing. I wasn't using a metaphor at all. If I have something and you remove it by taking it for yourself, you have stolen it. There's no metaphor, that's a description of what you did.

So yes; the stealing-bit is only one of the violations done, and perhaps one of the less important aspects of it. Naming the entire act as such is thus misleading. But I seriously don't see how stealing isn't part of it.

Kaffekatten Tuesday, October 20, 2009 10:06:15 AM

I reserve stealing for physical objects though, and this is why: I may have taken away your ability to be the sole controller of your creation, but I don't gain that right for myself. And you don't lose all control, just the exclusivity of it. If you have a right to control your creation absolutely once it enters the public domain (which is an interesting discussion in itself), then I have violated that right, but stolen it? Does not parse, at least not in my mind.

(I realize I'm setting myself up for a "downloading is rape" argument here, but I am prepared to counter that with "at least I used a firewall". bigsmile)

Anyway, I think we're just splitting hairs here. I acknowledge the violation of your right (real or perceived) to control your creation, and you acknowledge that putting the stealing label on it without elaborating is misleading. The latter is what I'm opposed to. And while I'm not convinced stealing (as I use the term) is part of non-profit pirating, I see why you think it is, so as long as we don't have to agree on language in a formal statement here, I think we're a-OK. wink

Georgius the PeasantLoki Aesir Tuesday, October 20, 2009 1:04:37 PM

I'm not talking about a right, I'm talking about an ability.

1. I have written a short story.
2. I have the ability to do with it what I want, share it with whom I want and not with whom I do not want, in whatever way I want.
3. You gain hold of a digital copy of it.
4. I no longer have the ability of 2. I have the ability to do SOME things with it, sure, maybe even many things, but I no longer have the ability to control it.
5. The parts of my ability to control I'm now lacking? You have those.
6. You've stolen from me.


And following your argument, profit-pirating would not be stealing either, just so that's said - so there's no reason for you to add "non-profit" in there.

But yes, we're in agreement in the sense that I support your efforts to nuance the question. (That's hardly surprising, as I've more or less yet to encounter any question at all where I'd not appreciate some nuance.)

But I'm in complete disagreement with your sentiments regarding the concept of stealing. Ownership is an abstract in and of itself, and claiming that "stealing" is only a valid description when it refers to material items to me seem fundamentally ludicrous. It narrows the term down in a way that makes no sense with its basic definition, and which serves no purpose other than to force someone to make up a new word for what then would by anyone, anywhere be defined as "stealing of abstracts" anyway. If I own a vase or the ability to read minds or the story of an alcoholic beaver's century-long feud with a Dutch oil painting is utterly besides the point. If I had it, you take it, and I don't have it anymore, you've stolen. "You still have parts of it" doesn't qualify as an argument - if you chop off the top half of my vase and take that, you might leave me a functional vase, but you've still STOLEN something from me.

And so there's no confusion, this time I did indeed use a metaphor. By stunning coincidence that fantastically serves to also underline my point, the metaphor seems to also be a simile between the stealing of abstract and material ownership. 'Cause if you can own both, which you seem to acknowledge you can, you can also steal both.

The discussion is not vital to your original point, which I basically agree with, but it does strike me as rather important - your definition of "stealing" seems to be rather contrary to the intuitive definition of "transmission of item without owner's consent" when you willfully rule out the non-consenting transmission of abstract items from the term.

Kaffekatten Tuesday, October 20, 2009 8:17:42 PM

5 is a fallacy - you can share it with those I don't want to share it with. I'm unable to restrict you from doing so. Therefore I do not have 2. Start 6 with "I feel", though, and you're home free.

As for the rest, I applaud your efforts to nuance the question, but I don't find your definition all that intuitive. If I copied your vase that you wouldn't ever want the world to see (with my magical nano-machine of awesome), I have not stolen your vase, but I've made you rather pissed and gone against your wishes without your consent.

In short, the whole concept of reproducing the item is missing from your argument. It could be stealing if I deleted your original vase afterwards, but then I could just, you know, steal it in the first place. Different actions, different words. wink

Georgius the PeasantLoki Aesir Tuesday, October 20, 2009 9:34:36 PM

No, no, no, you misunderstand me. I can share it with those I want to, yes. But I can no longer NOT share it with those I do NOT want to. You've not taken all of 2, but part of it, as I repeatedly tried to illustrate. What I feel is irrelevant; at one point I can do something, and at another I cannot because of your taking it away. Sorry if it wasn't clear.

If I made the vase, you stole the idea of it by copying it, yes. It was a concept defined in part by being only mine. By taking it, now it is also yours. You've stolen part of what it was, and I cannot get it back without either your consent or stealing it back. If I had simply bought the vase, then you're absolutely right, by copying it you haven't stolen anything. My argument builds exclusively on the ownership of ideas and creations by their creators.

Kaffekatten Wednesday, October 21, 2009 6:23:40 AM

Re: 2: Nor can I. I remove your ability to refuse to share it, but I don't gain it. We both have the same abilities at that point: Both can share with whom we want, both can refuse to share with someone only to have the other one share with that person instead. It boils down to that either none of us have that ability or we both do.

If I invade Rotterdam and thus remove your ability to be King of All Holland, I'm not King of All Holland myself unless I drive you into the sea or behead you. I have sabotaged your ability to rule all of Holland, but I haven't stolen it. Nor have I stolen your ability to rule PART of Holland, because you still have that. This is a terrible example, because I have certainly stolen some land, but that part doesn't translate to the discussion of a copied work of art. We can pretend I'm able to copy part of Holland in a way that still makes it part of Holland, though. Then you still have everything you had, but none of us have all of it exclusively.

As for the vase, I see where the term "you stole my idea" comes into play. If you make the vase and I copy it, then start mass producing and selling before you do, claiming I made it myself, I actually might use that term. Then I would have "stolen" your right to be credited as the artist, at least until you can present a counter-claim.

If, however, you go public with the vase and/or start selling it yourself, then anyone can copy it and give away the copies if the law allows. That's not stealing in my eyes. It might be illegal, it might piss off the artist, but the idea is out there, and I'm a copycat, not a thief. Taking money for it in that situation is very fishy, but again, that's copyright infringement, not theft (the artist never had that money). It might be just as bad, but I didn't steal the original, and the idea was already out there.

Georgius the PeasantLoki Aesir Wednesday, October 21, 2009 9:59:04 AM

I absolutely see your argument, but I'm sorry, I just don't agree. Sure, you've not gained the exact same ability of control that I've lost, but you've gained some and I've lost some, and it relates to the same item because of an action you did. That's stealing. If you steal my car, you can't use it in the exact way I did without risking incarceration, so you'd have to change the plates and such. You haven't gained the exact item I lost, but you've still stolen it, because you've gained something that I used to have, and I've lost something because of it. The mere fact that it has exchanged hands, though, will influence what its properties are, and thus I feel your "I can't do exactly the thing you now cannot either"-argument doesn't hold. You can do certain things with something I owned. I can not do certain things with something I owned. You've stolen from me.

But at least we agree on the vase-bit, more or less.

Kaffekatten Wednesday, October 21, 2009 10:26:53 AM

I think we're reached some kind of dead-end, but it's been an interesting exchange that provided a lot of food for thought. And though we don't agree completely on what to call things, at least we understand each others' perspective, so all is not lost. smile

ErlendObdormio Wednesday, October 21, 2009 10:32:49 AM

If this is your roundabout way of telling me you two have sliced my vase in half, I shall be very miffed.

Kaffekatten Wednesday, October 21, 2009 10:39:20 AM

The vase started it!

Georgius the PeasantLoki Aesir Wednesday, October 21, 2009 11:15:14 AM

It totally did, it eyed me with malicious intent!

Kaffekatten Friday, October 23, 2009 1:25:50 PM

Georgius the PeasantLoki Aesir Friday, October 23, 2009 1:31:00 PM

Of the four, I totally relate most to the pirate.


Sailing for adventure on the big blue wet thing!

Kaffekatten Saturday, October 24, 2009 7:38:30 AM

Then may I recommend Telltale's latest foray into the realm of interactive entertainment?

http://www.telltalegames.com/monkeyisland

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