TapeWorm: But seriously though I'm not surprised. As far as I'm concerned the prosecution could have walked in with a paper doll and said "Your honor, this is a paper doll. This paper doll is made of paper. We rest our case. Lulz." and the judge would have ruled in their favour. I don't know whether this was because of corruption, bias or some other reason, but I'll leave that up to smarter people (I know nothing of software) than myself to figure out.
From the analysis I've read of the trial it seems your statement is pretty close to the mark. It seems the prosecution's case was pretty much a mess, and demonstrated a complete lack of understanding about the technology involved and how Swedish law would apply to it. In light of that this ruling is rather disappointing, although I'm in agreement with you that it wasn't particularly surprising. After all, these days most countries have the best justice systems money can buy.
This whole matter isn't even close to being over, though. This case will likely be appealed up to Sweden's supreme court, and possibly even to the European Court of Human Rights. So grab your popcorn, everyone, it should be quite an interesting show.
Zolgar: TPB has had it coming. They have taken no measures to prevent the illegal distribution of files through their service, torrents were used as a loop hole ("I'm only downloading something that will go to other users computers and find the illegal files for me to download.").
Why should they have taken any measures to prevent people putting up torrents that enable copyright infringement? Doing so would actually have opened them up to additional liability, as they would then be taking direct responsibility for what they allow and don't allow to be hosted on their site as opposed to acting only as a neutral carrier (in the same way that phone companies, ISPs, etc do). Additionally, what you call a "loophole" is a key legal distinction, as TPB was not hosting any copyrighted content, but only hosting information that people could then use to locate content; pretty much no different from doing a Google search with filetype:torrent. With this ruling we've gone from hosting infringing content to being illegal, to simply linking to infringing content being illegal. Next will we see linking to linking to infringing content being illegal? It quickly becomes apparent how ridiculous a path we're headed down.
Zolgar: For those of you who want to say that they weren't at fault, it was the uploaders. The law disagrees, here in the US at least.
Well now, as the folks at TPB are quite fond of pointing out, they are located in Sweden, not the US, where, surprise, surprise, Swedish law applies, not US law.
Zolgar: Piracy is getting insane, and SOMETHING has to be done to stop it.
Copyright infringement is becoming so rampant because copyright laws are so out of sync with people's views and with current technology. Surveys have put the number of people who engage in copyright infringement at ~12% in the UK (and I'd expect similar numbers in many other countries), which is probably an extremely conservative estimate. When that large a percentage of the population is violating a law it means there's a problem with the law, and
that's what needs to be fixed.
StingingVelvet: It's not the same exact thing, no, but it is still theivery. Copyright infringement is what it is directly, not theft, but really on a common sense level it is stealing, as only semantics seperates the two.
Theft: original owner no longer has their property. Copyright infringement: original owner still has their property. That seems like a pretty major distinction to me. Copyright attempts to create artificial scarcity for information, but with the ease of transferring information these days and an increasing number of people no longer buying into the idea of information scarcity something is going to have to give, and it's not going to be the views of the masses.
StingingVelvet: Someone creates a product, like a videogame. They invested a certain large amount of money into the game and also many, many man hours. They therefore ask a price for access to their work, and pirates ignore that request and take the access for free.
Not quite. They ask a price, someone pays it, then that person decides to make duplicates of the work and distribute it. If the business model of investing in, producing, and then releasing something that can be easily duplicated with a marginal cost of zero doesn't work then perhaps the solution should be for people to develop a different business model rather than getting a government enforced monopoly to control the exchange of information.
StingingVelvet: At the end of the day, the point is that these people, and yourself, are violating copyright law, which exists for a purpose and is indeed essential in a capitalist system.
Ah yes, the purpose of copyright law. What was that again? Let's see, for you and me, being in the US, its purpose is laid out quite clearly in the constitution:
"
To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
The purpose of copyright is to promote the creation of scientific and artistic works, so that we, the people, can benefit from them (when they fall into the public domain). Note a key aspect of this is that copyright is supposed to be limited; creators get a bit of time to recoup their investment, then the public gets to use those works however we damn well please. Except these days copyright lasts for the life of the author plus 70 years in the US; I'll be dead before any work created today falls into the public domain, and that's not exactly what I'd consider a limited time for any practical purposes. Given that content creators (with the help of their bought and paid for government representatives) have pretty much completely reneged on their side of the copyright bargain, why should members of the public feel any imperative to keep upholding our side of that bargain?
And since you bring the idea of capitalism into it (and understand that I'm a pretty big free market proponent), I should point out that copyright is pretty much antithetical to pure capitalism, as it is government interference in the free market in the form of creating artificial monopolies and restricting what people can trade.
StingingVelvet: Personally, as someone who could possibly create something copyrighted myself someday, and who works for a copyright holding company and doesn't want to lose his job, I agree with them wholeheartedly.
Sounds like you're one of this generation's buggy whip makers. Might want to start thinking about different business models under which your work could once again be profitable in a world where any released information is instantly ubiquitous.
StingingVelvet: People now-a-days have this idea in their heads they are owed something, that they deserve to play this or that in this way or what way. There isn't much discipline, the Western world is spoiled.
You know, I agree, people tend to have an obscene sense of entitlement these days. It's pretty insane how so many people believe that after producing and releasing information they should continue to be paid for the rest of their lives without having to do any additional work. It really blows one's mind.