Comments on: Anti-piracy comics (fail to) show the sad, short life of a file-sharer

By: Lucius

Lucius — Tue, 26 Aug 2008 18:29:19 +0000

I fear you didn’t read the article you offered all the way to the end, where it says:

“A federal task force that monitors the Internet caught on to the student and got a warrant, Garza said, adding that Dhaliwal was copying and selling the pirated material.”

Woopsie-daisy!

The “distinction” I propose is made by the comic, of course: if it does not exist in real life, perhaps an example of someone charged with criminal piracy for downloading music will be forthcoming. Hmm?

By: SC

SC — Tue, 26 Aug 2008 01:08:02 +0000

Lucius, you’re mistaken. The article specifically says the Arizona charges related to both “music and movies [downloaded] from the Internet.” Besides, the distinction you propose is without a difference when we’re talking about prosecuting piracy. The RIAA and MPAA are acting in concert to encourage such prosecutions and I’m sure that Biggs would have still brought this to our attention had the comic highlighted downloaded movies rather than music.

By: Lucius

Lucius — Mon, 25 Aug 2008 20:30:50 +0000

In the case you offer, SC, the perp was copying and selling the bootlegged movies. So the question remains regarding the situation in the comic about criminal charges for downloading music.

By: SC

SC — Mon, 25 Aug 2008 19:28:34 +0000

A quick Google search turned up a handful of cases. This one (http://www.usatoday.com/tech/news/techpolicy/2005-03-07-az-teen-downloader-convicted_x.htm) from Arizona state court in 3/2005 was touted as the first state-level prosecution of its kind in the nation. As Biggs pointed out, federal prosecutors are the primary force in criminal piracy cases, but they seem to focus on “big fish” operations (http://www.pcworld.com/article/131810/us_piracy_crackdown_nets_50th_conviction.html). Because state-level prosecutions of any type get only a small fraction of the publicity (if any at all) that federal-level prosecutions receive, I can’t rattle off a list of prosecutions. That same Google search revealed the training PPT presentation that I saw the RIAA give a group of prosecutors (urging state prosecutors to use theft statutes to prosecute) and training video on YouTube produced by the RIAA and the National District Attorneys Association (NDAA is the leading state prosecutor organization). I also found a RIAA press release promoting an award given to the NDAA for its promotion of state-level piracy prosecutions. My point in commenting in the first place was to highlight the fact that while the feds are occasionally taking on the major pirates, we will probably see more state-level prosecutions in smaller operations.

By: John Biggs

John Biggs — Sat, 23 Aug 2008 02:28:09 +0000

Fair enough, SC. I just haven’t seen a case where the downloader gets 200 hours of community service for stealing some Madonna tracks.

By: Lucius

Lucius — Sat, 23 Aug 2008 02:18:04 +0000

SC, could you direct us to a case of a person charged with criminal piracy for downloading music off the internet?

By: Paul G

Paul G — Fri, 22 Aug 2008 20:08:33 +0000

When I was a kid – we had afterschool specials that focused on relevant topics – like drug usage and teen pregnancy. For the most part, these were shown on television and many people watched them, however those likely to begin using drugs or get pregnant did. Back then we didn’t have many media choices – so we were stuck watching these crappy shows.

This comic reminds me of that. While it may be accurate, it seems to serve the media industry and some lobbyist’s agenda. Furthermore, I’m not sure you are going to get to your target audience as they would be too busy with other media choices.

Simply put, you can’t end piracy – this is a waste of time. Also does anyone think that this is a good use of our court resources and tax dollars considering we still have real problems with drug usage and teen pregnancy today.

By: SC

SC — Fri, 22 Aug 2008 17:41:17 +0000

I’m not sure you even know what you’re talking about, Biggs. This comic is a lot closer to reality than you appreciate. I’m a prosecutor for a state government and I found the comic to be very accurate on a factual level (although most of uswho read CG–including me–agree that the anti-piracy lobby is wrong on a policy level). Most *criminal* piracy cases are actually brought in state court and not federal court, just as the comic suggests; they just don’t get the attention that the RIAA’s civil cases have received. In fact, the RIAA & MPAA actively lobby and support state prosecutors to bring more piracy prosecutions. And most defendants in those cases (whether in federal–which I take is what you meant by “Civil court”–or state court) would end up with a public defender. It seems to me, like it did to the Underwire that first reported on this http://blog.wired.com/underwire/2007/10/new-graphic-nov.html, that most kids can relate really well to this story and learn something in the process. You haven’t pointed to a single factual inaccuracy (but show your ignorance of the judicial system quite well), so stick with the point you’re right about: the anti-piracy crowd is wasting their time and resources and instead focus on a more constructive solution.