File sharing and copyright infringement – A legal perspective

The police catch 1 out of 10 rapists, you think they will bother with file sharing?
 
Nice to see a legal summary compard to the usual guessing going around.

Many large music and movie houses and copyright infringement bodies seem to have the legal high ground when it comes to file sharing and copyright infringement, but users’ rights are protected when it comes to monitoring a user’s Internet usage.
Yeah, thats because only big industry groups can afford to purchase American politicians.

“If we simply tolerate large scale downloading of music and movies there will be no incentive for people to create good music and quality movies… who would invest millions into a movie or even a piece of software if there would be no return?” Buys concludes.
I would question if most of the music and a big chunk of hollywood movies are good quality. But that's besides the point.

Music will not go away because people can download it. Thats utter nonesense. If demand is there, there will be a supply. it's just that the record companies, who always made their money out of distributing bits of plastic with music on them, need to find a new business model. Profit in the music business will remain. but maybe you need to find new ways of making that profit. People are getting stuck in a rigid mindset that says that the way we do things now is the only way they can be done. Anyhow, the current distribution system is highly unfair on both the majority of artists and consumers. I won't shed any tears when it goes away.
 
Music will not go away because people can download it. Thats utter nonesense. If demand is there, there will be a supply. it's just that the record companies, who always made their money out of distributing bits of plastic with music on them, need to find a new business model. Profit in the music business will remain. but maybe you need to find new ways of making that profit. People are getting stuck in a rigid mindset that says that the way we do things now is the only way they can be done. Anyhow, the current distribution system is highly unfair on both the majority of artists and consumers. I won't shed any tears when it goes away.

I have given this much thought, and my conclusions are:
1) The quality of movies will decrease - the money they will make will go down
2) "Entertainment" will revert to a model of "live shows". LIVE theatre, LIVE concerts etc - this is where the money will be. The "online" or "digital" versions will be "advertisements" for the live show. In other words, I download a copy of some rock bands music, really think it is awesome, and then go pay to see them "live".

The other alternative will be banner advertisements in TV shows, and product placements till you want to puke.
"Hey Jack Bauer, before we go and shoot those terrorists, dont you think we should put on some of that GoldenGlow SPF 40 suntan lotion we just bought at Walmart on special for only $2.99 a tube?"
 
I can't remember the last time I downloaded a movie, its just not worth the effort. I usually get bored with movies and switch it off midway. Would I get a refund, would I be compensated for wasting my time by the RIAA?

We are already taxed on DVDs, why does it cost so much when a DVD costs less than a cent to produce? RIAA collects the royalty tax. Still people are prosecuted. If they want to prosecute, relax the tax on DVDs so we can make backups at affordable prices.
 
Isuacner.
The last movie I paid to see at the cinema was Stargate.
And that reeked.

The last movie I saw was The day after tomorrow - also reeked.

Movies are unbareably bad, and the thought that people get paid $100 million to "star" in one leads me to chant for the end of Hollywood.
 
Lol... i got 12 500+ songs, all are illegal, But thats besides the point, yes, so what if there's copy right? so your puff diddy can buy his island after putting out a record? THATS NOT MUSIC!!! What happen to the people who made music because they actually liked making it. But thats me, I mean, if its such a big deal, then just have live shows,remember that people will always copy the music, movies, games, or any other media. It's simple. they spending more on spotting it then they losing on copyright.

But still, If the Internet providers where cleaver they would simply charge those people extra to for copyright. ie R300 for 40-50 songs downloaded, firstly copyright downloading would stop or they would make money and give it to the labels. and to make sure they sending the right amount to the right labels, they simply have there own P2P
 
The police catch 1 out of 10 rapists, you think they will bother with file sharing?

The police don't care about this...

The music/record industry does and if they throw enough money at enough people (politicians) they will buy the rights to divert resources (police to piracy) for the profit of the industry.

Saying that, there is a shop I know of that sells pirate goods and had been doing so openly for years and nothing ever happens to them?
 
Look at the number of SA users with adsl or high speed internet. Now do the same in the US .. UK.. China. SA doesn't even compare! Now look at the ratio of pirating. China 90+ % .. US 60+ % SA 30+% . As a ratio of users that pirate SA is a spec on the map. International groups??? why international .. Didata, SA Gov, Post Office, Telkom all are anti-piracy groups signed up with MPAA + RIAA. They already do monitor. And given the fact that the phone bill costs so much its no surprise .. the money people would spend on cd's + Dvd's goes to internet costs etc. Even if phone and internet costs were low.. the amount of people online is so small compared to other countries the piracy argument just doesn't hold.
 
“If we simply tolerate large scale downloading of music and movies there will be no incentive for people to create good music and quality movies…"

awww shame so nelly wont be able to afford someone just to put lipice on him any more because he 'only' made 150 million record sales this year, bad piracy. and poor old jo lo wont be able to afford that island this year sigh. i wonder what monetary incentive motzart had for his work. movies yes ok different story, but any good movie is worth seeing on 'the big screen'. the idea that they've lost millions of sales is nonsense, people only have it because they could get it for free. there are no guarantees that they would have spent money on buying thier own copy
 
“If we simply tolerate large scale downloading of music and movies there will be no incentive for people to create good music and quality movies… who would invest millions into a movie or even a piece of software if there would be no return?” Buys concludes.

Do me a favour... it's about passion... Music and acting will never die, only the suits and ****ers that run the industry will
 
I have given this much thought, and my conclusions are:
1) The quality of movies will decrease - the money they will make will go down
?"
Don't really agree. I don't exactly know how things will go, but just to throw around some ideas...

1) Proper download services. For a fee you have a high speed, reliable, good quality source for download. Not everyone is willing to dowload a dodgy qualty movie onto their Pc to watch and would pay for QUALITY.

2) If the quality goes down, people will stop watching. Which means those nillions of dollars Sony etc make from selling HD TV's, Blue ray players, sound systems etc. will dry up. So they will need to make good movies to get people to start watching again soo they can keep making their profits.

3) More emphaisis on TV as a delivery platform. Real movies on TV instead of tons of big brother. Gets paid for through subscriptions and Advertising. And make TV shows available for download immediatly after screening. (Like they are starting to do now).

4) Revive the Cinema. This means fix the sound system. Fix and clean the chairs. Drop the hour of adds before a show starts, better quality projection. Lock the frikken doors when the show starts etc. Sure you can download it to watch at home. But you can make it an experience to go to a cinema if it offers superior quality and a pleasant experience (unlike what it is now).

5) Merchandising. You know, McDonalds meal tie ins. Spiderman toys. The making of books. etc. etc. Much like they do now. As things are, the vast majority of profit is made from merchandising and not ticket sales at the cinema (or even DVD sales). As in several times more profit. Hell, they should let us have the movies for nothing just so that it improves the merchandising potential.

There are probably lots of other things that may or may not work. We don't know until we try. We do know that DRM doesn't work and pisses off your customers.

2) "Entertainment" will revert to a model of "live shows". LIVE theatre, LIVE concerts etc - this is where the money will be. The "online" or "digital" versions will be "advertisements" for the live show. In other words, I download a copy of some rock bands music, really think it is awesome, and then go pay to see them "live".
Sounds good to me. Artists can make money from performances and merchandising. Doesn't leave much for the record company though ;)

The other alternative will be banner advertisements in TV shows, and product placements till you want to puke.
"Hey Jack Bauer, before we go and shoot those terrorists, dont you think we should put on some of that GoldenGlow SPF 40 suntan lotion we just bought at Walmart on special for only $2.99 a tube?"
Product placement is already a major source of income. Thats why James bond now drives a BMW.
 
I can't remember the last time I downloaded a movie, its just not worth the effort. I usually get bored with movies and switch it off midway. Would I get a refund, would I be compensated for wasting my time by the RIAA?

Huh? So, if I start to steal a car, then stop/get bored/decide not to halfway through I should get some kind of compensation for the return I would've gotten, had I decided to continue stealing the car? (Note: not defending RIAA or others here, just confused at what lsuacner is trying to say?)

The last movie I paid to see at the cinema was Stargate.
And that reeked.

The last movie I saw was The day after tomorrow - also reeked.

Movies are unbareably bad, and the thought that people get paid $100 million to "star" in one leads me to chant for the end of Hollywood.

Moederloos, it may just be your choice in movies :sick: :) There are still some good movies made, though it seems increasingly infrequently.
 
Huh? So, if I start to steal a car, then stop/get bored/decide not to halfway through I should get some kind of compensation for the return I would've gotten, had I decided to continue stealing the car? (Note: not defending RIAA or others here, just confused at what lsuacner is trying to say?)

I wasn't referring to pirated movies, I was referring to legal DVDs which I have watched before, only to discover half-way that I was conned by a marketing gimmick in to paying for the movie and watching it.

Take Spiderman, I could not keep my eyes open and left 30 minutes or so before the show finished. I expected a good show, good entertainment, was unsatisfied, any other industry, say the food industry, would compensate me. A good restaurant would waive the bill if the food was overcooked and I specifically asked for a rare steak.

So these days, if I do go watch a movie, or get a DVD, I watch the pirated cam version, quickly skip through it, to determine if I want to pay for it, because trailers can make anything look good.

Ghost in the Shell Innocence, I liked the pirated movie so much, that when the DVD was available, I rented it twice, in the hope that the 1st Ghost in the Shell movie would also be stocked. I was and I rented it, even though I had the pirated copy already by that time.

Spiderman sucked, really it just sucked. Pirates also, I might be over tired when I do have time to watch a movie, but who here recently saw a movie not better than sleeping for 2 hours more?

Give me value for money, I will pay for it, otherwise, I will not support your industry.

Thats another thing, Hollywood would force people to watch their movies if they could, they believe they are entitled to my money. Read yro.slashdot.org to get the bigger picture.
 
Moederloos, it may just be your choice in movies :sick: :) There are still some good movies made, though it seems increasingly infrequently.

Maybe it is just me.
War of the Worlds - managed about 4 mins before my bile started to rise. I have read the book a number of times, and watched the 50s version. Tom Cruise is a plonker. And for that "movie" he got $100 million?

Superman - the newest one - fell asleep at some point. Supermans kid? WTF is up with that. Superman is not a 2006 super dad - he is a SUPERHERO.

I can barely even think of another movie - the wife has dragged a few DVDs past me on the way to the TV room (her sister works at some DVD shop so the torrent of DVDs is endless), and I barely even register their names.

Age? Maybe. I prefer to think I have a self-activating bullsh1t-o-meter that protects me.
 
Maybe it is just me.
War of the Worlds - managed about 4 mins before my bile started to rise. I have read the book a number of times, and watched the 50s version. Tom Cruise is a plonker. And for that "movie" he got $100 million?
...
Age? Maybe. I prefer to think I have a self-activating bullsh1t-o-meter that protects me.

I think that the "self-activating bullsh1t-o-meter" is something that one acquires with age, or exposure to movies with Tom Cruise. Or Hugh Grant.
 
If we had iTunes in SA i would def buy from them. But is it going to happen in the next 20 000000000 years ?

Nope, telkom is gonna sell us the 400000 tertrabit dl line with a 10 kb cap and we are just gonna take it like little good south africans we are.

Moonie
 
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