A classic example of organizations (BSA, Microsoft etc.) not understanding the internet and thinking this was going to deter others.
Lots of online comment (and views of the video[1]) are supportive of the guy and are viewing to remove the threat of him being financially ruined (it's almost at the 200,000 as I type).
MS just come across as intentional bullies and thugs (I'm paraphrasing comments made elsewhere rather than stating an opinion) and that's probably way more damaging to them than any of their make believe financial damages ever could be.
The BSA have a long track record of trying to game search engines and cause reputational damage to those they sue but I expect, in the long run, the 'pirate' will have more harm caused by long forgotten facebook postings than by the BSA. The world has moved on and the BSA have failed to even notice they've been left behind.
I'm tucking this one away as an example for the times I need to give examples of brain-dead stupid stuff that people who don't understand the internet, do, thinking they're being super clever and showing their super skills/exacting revenge etc.
The thing is, the general public will never see sharing of media as a criminal act. The only difference to a normal person between lending a book and letting someone copy a movie is that you both can watch it at the same time.
To most copyright is just some made-up bullshit for the purpose of squeezing money from honest people.
So everyone who defends copyright always uses the example of the small artist stopping a giant company from just using their work and calling it their own, because thats the only real substantial of damage in an IP liberated world that does not happen now (copyright is not effective in granting the rights holder a guaranteed distribution monopoly anymore).
Are IP holders getting revenue from large businesses paying them to use their IP, or are said businesses just having their legal teams verify that their clone is just right on the cusp of infringing so they can still reuse others work without credit but instead through exploit loopholes in the system they built?
Because we know very well that the largest utilization of copyright law today is to suppress the development of competitive products to existing media brands and content providers, especially online where the DMCA is an absolute policy of presumed guilt. I want to know where these perceived benefits even are, because they keep the discourse about how to fix copyright unproductive when half the people are defending it for... some reason?
This point is idiotic. If the people who don't think that media sharing is a crime actually organized it would cease to be a crime.
Law is written by a privileged few but is enacted by the everyday people who choose whether to obey and enforce it based on their conscience and incentives.
Copyright is a great idea. The majority can think whatever they want and be wrong.
Laws aren't enforced by everyday people. They're enforced by, wait for it, law enforcement agencies.
We, the United States, live in a republic. If the majority of people think something it doesn't actually matter. The great thing about a republic is everyday Joe doesn't write the law. Nor should he. Because Joe isn't very smart.
So copyright is a bad idea because... human nature? I hope you aren't also a fan of GPL.
The root of this isn't that copyright is a good idea that's been spoiled by human nature. The root implies that copyright itself is fundamentally baD. An opinion that I respectfully disagree as strongly as can be.
It was intentional: "In order for the firms' promise not to sue to be valid, they said, the video would have to be viewed at least 200,000 times within two months of its publication this week. A spokesman for the BSA told the BBC that the stipulation was to ensure that Jakub would help share it as widely as possible."
Hi, I'm from the same country as the guy - Czech Republic.
I really don't know if to punish people by such a humiliation is a good way to go. That movie is going to be played like one of those short movies you play in the theatre before the main movie. Soon, everybody here will know the man, imagine being him and walking on the street..
And because of the history of the BSA, the company that sue the guy, you cannot be sure, if this video is not just some promotion of the BSA itself, which, by the way, does not have a legal status in the Czech Republic. Company's scandals and campaigns (if your neighbour uses illegal software, tell us and we give you 100 000 CZK [approx. 4 000 EUR] ) in past give whole thing a kind of stinky feeling..
I'm not sure who should be more embarrassed by the video. I'm not exactly a fan of so-called piracy, but neither am I am fan of the companies (their business practices) which prevailed in the lawsuit against the man. I gave the guy a view.
>Soon, everybody here will know the man, imagine being him and walking on the street..
If this is a BSA campaign, just looking at the youtube comments, it's kind of stupid, because people are supporting the guy as a result and speaking badly about BSA.
I'm going to pirate the movie, remix it, and produce my own derivative work, intended as social commentary about the necessity for consumers to understand the manipulation process behind this industry. Think I'll get sued, or have to make my own penance-film, if it turns out great? Stay tuned ..
Just like everyone else, they rely on YouTube to do the count. They have proven in the past that they crackdown on huge view cheaters (see PSY having to pass the billion bar twice).
Google/YouTube protect against a certain kind of view fraud -- where the cost of delivering sticky traffic to the Youtube video is lower than the publisher-share of advertising revenue.
If you're willing to pay more than that threshold, you can still certainly pay for YouTube views:
I think the reason for the downvotes is, whether intentional or not, you are conflating civil settlements with criminal plea bargains. There is plenty of room to be complacent with one while being staunchly against the other.
This situation is absolutely abhorrent and a disgusting brutish display of power on behalf of the studios. This is the civil equivalent of shooting a gun at someone's feet and yelling, "dance monkey dance." This is not about justice, this is about humiliation and is a complete perversion of everything a justice system should stand for.
> Instead, the companies said they would be happy to receive only a small payment and his co-operation in the production of the video.
This is literally the line the villain in movie is supposed to say.
I hope its not as stupid as that "You would not steal a car" one... I would steal a car if i could copy my friends BMW with the press of a button without having any material costs. :)
According to local media, it's facts cooking by BSA/Microsoft, there was no alternative punishment (on the contrary - the court said that Microsoft "damages" are bullshit, as well as a supreme court in a similar case before) etc.
There is a conversation to be had about piracy, the role of copyright and of commercial software. But forced speech is not honest speech, and allowing this sort of thing is bad for intellectual integrity. Let the BSA produce their own videos under their own name.
> But the Business Software Alliance (BSA), which represented Microsoft, acknowledged that Jakub could not pay that sum.
If he were to put in reasonable effort into gaining the requisite number of views, and were to fall short of the goal, couldn't the same argument be made that acquiring 200,000 video views is not within his capabilities?
Argue whatever you want - it is out of the courts at this point. It is purely a civil matter between him and the companies. The article specifically stated that the number was thrown out there to give him the incentive to cooperate.
So there is no guarantee they would sue if he fails, no guarantee they would win if they sued, and they already admit he cannot pay even if they do sue and win.
I never understood how the companies expect these films to work in the long run. Essentially, they eagerly portray themselves (and the legal system they control) as a dark, Nazi-like totalitarian force with lowly filesharers being the persecuted underclass. I'm sure fear is the message, but doesn't it hurt them more in the long run? Who would willingly buy products from this regime?
Considering Disney is at the helm of the copyright disaster train and are producing more blockbuster films each year than in their entire history (and now they have Star Wars coming out next month) I would say a lot of people don't give a shit about cultural ethics when it competes with the availability of John Williams scores.
The copyright mafia is also the gatekeepers on the consumer media empire. And those at the top are well lead to believe that copyright is meant to serve them, to make their business powerful and enforce their control of discourse and culture through it.
I mean, this case was about Microsoft. There have been dozens of documented incidents of Microsoft exploiting its power and law to their benefit over consumers, to crush competition, maintain and abuse monopoly, and manipulate discourse in their favor. Yet Windows remains king of the desktop, because there is no grassroots movement with any momentum to pressure OEM pc vendors that sell hardware in store to adopt anything else, and because Microsoft has successfully made a market of apathetic and inert users who do not understand the tools they use enough to see how they are being taken advantage of.
And that is billions of people. Those aren't the kind of folk to stop using Office or Outlook or Windows because of ethics. Same reason people flock in droves to Wal-Mart, Koch Industries, John Deere, BP and Exxon Mobil - ethics take a back seat to convenience and price, and we suffer in the long run by giving our agitators all the assets they need to get what they want willingly.
The grandparent wasn't asserting media conglomerates are actually failing in any way that matters. Still, the question about the validity of these scare-o-mercials remains. Somewhere deep in these corporations there are obviously people who think "yeah, let's portray ourselves as the evil empire, sounds good to me!".
Doesn't that raise questions about the target audience, or at least about the perception of what the target audience looks like? When I choose to make a commercial that portrays my company in the most sinister way possible, on purpose, I have to weigh the image loss from that against the effectiveness of the scare.
> Yet Windows remains king of the desktop, because there is no grassroots movement with any momentum to pressure OEM pc vendors that sell hardware in store to adopt anything else
I'm not sure that's true anymore. It certainly was, in the past. I'm personally not a Windows user, but it seems to me that the foothold Windows has in different user groups is absolutely monumental, so churning out hardware with anything else pre-installed would encounter stiff resistance from the consumer side. That same loyalty does not exist for entertainment companies.
I know that local authorities are not the same as the European Union, but it's amazing that you have this punishment in an area that subscribes to the Right to Be Forgotten. I don't think there's any way to square that circle.
Interesting thought. I wonder if, once his 200000 views are reached, he could ask Google to block his video and any news about it from turning up in search results.
Doesn't Microsoft now distribute Windows images for free? I've definitely downloaded disk images off their web site and plugged in my windows license key. What's the exact nature of the crime, here?
Also, who exactly owns a license key? Is there a secondary market where I can sell my key to a third party? Because I have a buttload of Linux laptops with useless Windows license keys stickers on the side, and I'd sure like to be able to exchange them for value.
I'm an employee but outside of the Windows org so this is all me. /corporatedisclaimer
Is this true? I thought it was just a standard OEM key. The license wouldn't let you install it legally except on an OEM system, but I don't think there's checks in place in the installer to ensure it.
On newer computers there isn't a sticker at all since the license is stored on the hardware and pulled by the installer automatically.
Those keys used for Win7 used to be locked to a specific hardware vendor and could be used on any other machine from that hardware vendor (given same edition of Windows). This was done by special tables inserted in the BIOS, so to crack it you could actually patch your BIOS to emulate any vendor or use a bootloader which would emulate this. Only vendor-specific key + the table in the bios = unlocked Windows when using these keys.
I hear they've changed it on newer ones and pirates have switched almost entirely to KMS activation server emulation, so I assume something's different in Win8+.
Microsoft switched to online activation after EU court decided used software can be RESOLD. This means you can buy broken laptop for $10 from recycling center, and legally own license for a system that was installed on it.
> The firms, which included Microsoft, HBO Europe, Sony Music and Twentieth Century Fox, estimated that the financial damage amounted to thousands of pounds, with Microsoft alone valuing its losses at 5.7m Czech Crowns (£148,000).
> But the Business Software Alliance (BSA), which represented Microsoft, acknowledged that Jakub could not pay that sum.
In addition to the financial settlement, the 30-year-old was also given a three-year suspended sentence.
This is a Polish Microsoft anti piracy campaign equalling everyone who calls himself a Hacker to ISIS terrorist and pedophile :/ Thats right, they uploaded YT clips showing "hackers" in balaclavas collecting child porn.
I wonder how many people are going to leave a tab open to that video and play it over and over with the sound down, as they go about their other browsing?
I've always been a fan of alternative forms of punishment. A guy in my highschool got caught slipping envelopes containing glitter into lockers. Innocent enough prank, but some parents freaked out as this was post-9/11. Instead of suspension, he was told he needed to hand-write a page-long apology to each affected student, and would be denied field trips and the non-mandatory assemblies until it was done. It was around 70 letters he had to write, it only took him a few weeks, and the point was made.
I've already witnessed people on forums claiming they have been watching the video numerous times, leaving the video running with their speakers off and generating a new IP each time.
I really don't think this is going to have the effect they (the copyright holders and court) intended, and that's a good thing.
I guess this is the modern equivalent of being whipped by shame on each view. With a sort of promotional after thought - where economy substitutes law. Mmmm It doesn't seem the DNA of this method will survive longer than a few sarcasms and a 'shame on you' backlash
Always thought it was funny how most new msft employees, especially college grads, spent years pirating windows and pirating it for their friends and family. Instead of being pushed, they are rewarded with a nice paycheck, and given thousands of dollars worth of ms software per year for themselves and their families for free.
This, IMHO, is a very reasonable and workable solution to infringement.
I very strongly dislike the implied "lost sale" as damages argument, largely because the money "implied" simply isn't there on the scale referenced by the major content producers and distributors.
People, by and large, have fixed entertainment dollars. And they spend them, and the forms of entertainment compete. If, suddenly, there were no infringement, people would max out those dollars, maybe adding a few here and there.. But the billions simply aren't there.
The product of that would be much higher competition for entertainment, people choosing to consume less entertainment, and or choosing to self-entertain with more basic, human means.
When the little guy wants to get known in that environment, what do you think is going to happen?
They will give it away to a hungry audience, that's what will happen.
And that too is a reason for my strong dislike for the high financial penalties. Infringement isn't theft. The rights owner still has everything, and loses nothing. In fact, they still have the opportunity, potentially improved by the infringing act, to sell to the infringer, right along with everyone else, and in particular, who that infringer may recommend to, or share about.
I'm not saying it's right. It's not. I am saying a much more rational and real conversation needs to happen about these things. The equation to theft is actually doing us a lot of harm, due to bad discussions lead to bad law, and bad law leads to a state where it's not respected, etc... and that is where we are today.
Law that doesn't take into account the realities and dynamics won't be effective. It almost never is. And that discord drives people to reject it and ignore it, circumvent it...
Anyway, this is good! What it does do is improve on norms, and as Lessig tells us, regulation happens via law, physics, norms, money or markets.
Requiring people to demonstrate or help to improve on social norms can do a lot of good here, and it's time and energy better spent, IMHO.
I see jimrandomh talking about forced speech. Well, this kind of thing does further the conversation, and we all know the source of the speech and why it's happening. There is no need to be dishonest about any of it, and where we aren't, the better dialogs can happen.
I watched it just to help. Almost 300k views now. Piracy is a right, not a crime and something that is positive for the world, esp. software piracy, IMO.
I don't think, he is a hacker. People with poor technology skills also pirate whereas becoming a hacker, it is expected to have a decent amount of technology knowledge and skill-set.
Lots of online comment (and views of the video[1]) are supportive of the guy and are viewing to remove the threat of him being financially ruined (it's almost at the 200,000 as I type).
MS just come across as intentional bullies and thugs (I'm paraphrasing comments made elsewhere rather than stating an opinion) and that's probably way more damaging to them than any of their make believe financial damages ever could be.
The BSA have a long track record of trying to game search engines and cause reputational damage to those they sue but I expect, in the long run, the 'pirate' will have more harm caused by long forgotten facebook postings than by the BSA. The world has moved on and the BSA have failed to even notice they've been left behind.
I'm tucking this one away as an example for the times I need to give examples of brain-dead stupid stuff that people who don't understand the internet, do, thinking they're being super clever and showing their super skills/exacting revenge etc.
[1] https://www.youtube.com/watch?v=CKjPutIlBCA
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