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275 points starkparker | 8 comments | | HN request time: 0.021s | source | bottom
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dankwizard ◴[] No.45133610[source]
Ha, this is the guy that got absolutely butchered in his Reddit post [1] about the same link. OP has extensive history in the piracy subreddits and believes piracy is not theft.

[1] https://www.reddit.com/r/selfhosted/comments/1n87xho/why_i_d...

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BLKNSLVR ◴[] No.45133703[source]
> believes piracy is not theft

That's true by definition isn't it? Piracy (Internet piracy, since that's the context) is copyright infringement, not theft.

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dankwizard ◴[] No.45133731[source]
Maybe by definition, but if you're a game developer and you find out everybody is pirating your game and not purchasing it from Steam/physical store, it's akin to them walking into the store, sliding the product under their jacket and walking out. You're not going to say "They are infringing on my copyright".
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1. sfRattan ◴[] No.45133904[source]
> akin to them walking into the store, sliding the product under their jacket and walking out

That is a misrepresentation of what is happening across computers and networks. Here is a better analogue:

If someone walks up to my car, taps it with a magic wand, mutters some incantations, waits a few minutes as a perfect duplicate slowly materializes, and then drives away in the duplicate... Of what have I been deprived? Maybe privacy, depending on what I had in the car at the time it was duplicated... But that's tangential to the point here.

There's a worthy argument that the above scenario is still a wrong (some kind of tort, maybe). But there is simply no argument that the above scenario is equivalent to theft.

Theft deprives someone of a scarce material resource. Copyright infringement subverts someone's exclusive, government-granted monopoly. Unlike being secure in one's possessions, copyright has never been understood as a natural right. People grok this distinction intuitively, even if they neither fully understand the technology nor possess the words to articulate it well.

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2. bigstrat2003 ◴[] No.45134245[source]
These apologetics for piracy are ancient and weren't good decades ago, let alone now. Yes, digital data has no scarcity. But that doesn't mean it's a victimless crime to just take it. Someone worked hard on making that music (or game, or whatever), with society giving them the chance to turn a profit by selling copies to people. When you just take it without paying (thus violating the social contract), you are in a very real sense stealing that person's time. So while it might not be the case that a digital copy taken does not cause the original to go missing, piracy is very much theft in the moral sense. And that is why people get upset about it.
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3. sfRattan ◴[] No.45134453[source]
Megacorporate propaganda conflating copyright infringement with violent raiders on the high seas is both decades old and completely ridiculous.

> But that doesn't mean it's a victimless crime to just take it.

Please reply to what I wrote, not what you imagine I implied. Nowhere have I suggested copyright infringement is victimless. I have suggested it is more like a tort than a crime, but civil wrongs are wrongs against someone (i.e. a victim).

> When you just take it without paying (thus violating the social contract), you are in a very real sense stealing that person's time.

Please don't twist and abuse language in lieu of a sound argument. Stealing a person's time is already a specific thing: wage theft. It doesn't involve a nebulous social contract; it involves an actual contract between employer and employee for scarce time.

> So while it might not be the case that a digital copy taken does not cause the original to go missing, [copyright infringement] is very much theft in the moral sense. And that is why people get upset about it.

People aren't entitled to whatever returns they fantasize about for a given business model. If technology obsoletes a competitive strategy, we all have to live in that new world. People are understandably upset, and understandably refer to a wrong (theft) that is familiar, sympathetic, and yet factually not the case.

Copyright infringement need not be understood as theft to be understood as wrong. Treating it as theft mischaracterizes the wrong and sets society on a path to criminal enforcement against civil violations, creeping restrictions on general purpose computing, and the growth of the surveillance state.

4. don_quiquong ◴[] No.45134844[source]
People who pirate in the year 2025 are almost definitely going to be spending more on music (physical media, merch, tickets, etc) than the average Spotify subscriber. This was true ~20 years ago and given the ease of Spotify and the relative pain of pirating, I would imagine it's even moreso the case today. And even if they spend half a Spotify subscription on music, that's more money going to artists than a Spotify subscription giving them carte blanche access to most music.
5. ragazzina ◴[] No.45136459[source]
If a corporation walks up to you, taps you with a magic wand, mutters some incantations, waits a few minutes as a perfect duplicate of you slowly materializes, then walks away with the duplicate, would you consider it theft or copyright infringement?

You would argue they are depriving you of a scarce material resource: your knowledge and experience that make you a valuable, esteemed professional. The corporation would argue that nobody is removing your copy of knowledge and experience, and they would not have hired you in the first place anyway.

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6. sfRattan ◴[] No.45136814[source]
> You would argue...

I would? Are you sure? Please don't put words in my mouth.

Is your hypothetical an invasion of privacy? Yes.

Is it enslavement of the duplicate? Very probably, yes. You don't specify what the corporation will do next, but I don't see how they'll avoid it.

Is it theft of my knowledge and experience? No. I'm not deprived of them, and would still have them after.

Is it copyright infringment? Possibly, but not necessarily of "my" copyright. I remember plenty of copyrighted music and can hum it on a whim. Presumably the duplicate could do so also, so that music has been copied, along with rest of me.

You've made a rather wild jump from the inanimate to the sentient and from deprivation of specific property to deprivation of natural rights. And you've genuinely lost me with what this hypothetical is even supposed to prove.

Again, it's possible for things to not be theft and also still be wrong for other reasons. Theft is a specific wrong. Words have distinct meanings.

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7. ragazzina ◴[] No.45137091{3}[source]
> I would? Are you sure? Please don't put words in my mouth.

I would. I was steelmanning your argument. Your bad faith is showing.

> You've made a rather wild jump from the inanimate to the sentient [...] deprivation of natural rights

You have made a wild jump from a work of art to a car without any issue. I have never talked about deprivation of natural rights.

> Theft is a specific wrong.

Define theft then, and let's see if it applies to downloading a pirate copy of a music album.

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8. sfRattan ◴[] No.45142039{4}[source]
Theft is taking possessions away from someone else, and as a result depriving the victim of that property. The legal threshold would also include an intent to deprive (mens rea) in most countries.

Copyright infringement is making a copy of something for purposes beyond fair use when the government has declared it the exclusive right of someone else to make such copies. The legal threshold would also include evidence of harm.

The jump from a digital file to a physical car is specifically to demonstrate that these things are not equivalent. Copying a file does not deprive someone of that file. To make the physical world work similarly to the digital, we have to add magic that violates conservation of energy and duplicate a car at effectively zero marginal cost. To make the digital world work similarly to the physical, we would have to end general purpose computing and lock down all computers such that files can only exist in one place and can only be moved, not copied. Both transformations in an attempt to achieve equivalence are obviously absurd. That's the point.

These things (theft and copyright infringement) are both wrongs, but they are strongly distinct wrongs.

The jump from inanimate things (files and cars) to sentient life (human duplicates) in your example is still unclear to me. It looked to me like you were assuming I would think of it as theft if a corporation made a duplicate of me. So I gave several reasons other than theft for me, or anyone, to think of that as wrong. What are you trying to demonstrate, given that I still don't think your example would be theft and have other reasons---those deprivations of rights---to think of it as wrong?

> I was steelmanning your argument.

No, because what you brought up was not my argument.

Steelmanning, when the counterparty is present, involves restating someone's argument until they agree, "yes, that's a fair summary of my argument," and then critiquing that.

You are strawmanning, not steelmanning: inventing a new example that the counterparty did not reference, which is substantively different from the argument actually made, and then critiquing that.