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Forum - View topicNEWS: Man Arrested for Uploading SoraOto, Kono S o, Miyo! Manga via Share Program
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Cutiebunny
 Posts: 1770 |
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Considering how many people Japan has arrested for illegal uploads (and the fact that I can still find translated manga/anime sometimes within 24 hours of its initial release, it seems like their policy of arresting people is working
I guess there must not be enough Yakuza activity in Japan... |
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Sunday Silence
 Posts: 2047 |
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Japanese police are too busy dealing with wildlife |
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Lightning Leo
Posts: 311 Location: Earth |
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Welllll, justice systems aren't intended solely to be preventative, but also punitive. Whether or not punishment deters crime, once a crime is committed a criminal has a debt to pay to the victims and to society. For example, having all sorts of punishments against theft has never stopped people from stealing, but we'll punish thieves anyways. Not sure if this is what you're getting at, but your logic seems to imply that we shouldn't punish people who do steal, because it won't prevent stealing from happening.... which sounds pretty silly to me. 
Though I do agree with the notion that, if as a society we wish to prevent and stop crimes from happening in the first place, a punitive system alone is insufficient. Education, cultural values, and reformative systems help. Better media protections too. I'm loathe to believe that better pricing would help much, I really think people would continue to pirate even if the price and product quality was reasonable (I'd be interested to see any studies on this though, if anyone is aware). |
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Xanas
Posts: 2058 |
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I wouldn't so much call them "justice" systems as injustice systems. It has little to do with reimbursing or attempting to make corrections to the victims of actual crimes.
Laws against using your own property as you desire or rearranging bits on your own hard drive and/or sharing the pattern of those bits with someone else are entirely invalid, just as are any laws that cover behavior that doesn't involve the initiation of force. Education, values and reformative systems are effective when you are dealing with crimes based on principles that are consistent, however states are incredibly inconsistent. Those who run them say they value liberty but they crush those who choose to ingest certain chemicals the state happens not to like. They say they value property but they are the greatest threat to it through regular theft in the form of taxation. People will copy as long as they believe it benefits them to copy. What is "reasonable" is subjective. The actions "pirates" take are praxeologically no different than those of anyone else, they are taken in the interest of fulfilling a desire. |
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baadaku12345
 Posts: 179 |
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I personally think that giving illegal up-loaders and sharers a fine is fair. Was this guy arrested, as in going to jail? (sorry I don't know anything about the law).
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Xanas
Posts: 2058 |
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But what level of fine is fair? This is subjective. There is no way to appropriately price such a fine outside of the market, but since government courts are not based on profit/loss there is no meaningful way for them to convert subjective valuations into monetary penalties. Perhaps within a market-arbitration scenario you might reach some kind of fine that would be backed by potential ostracism, but I am doubtful that many people are willing to ostracize others over copyright violations. Even those who vehemently disagree on copyright still maintain friendships. Intellectual property is somewhat akin to slavery insofar as it can only last with the state carrying the costs because no individual is willing to take the actions necessary to keep it going. Fines are ultimately backed by the same violence as any other penalty the state offers, because what happens if you don't pay the fine? |
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Lightning Leo
Posts: 311 Location: Earth |
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There is a reason why after millenia of evolving governmental systems we afford copyright protections to intellectual property, and that is to provide a sufficient incentive to entrepreneurs for assuming risk in developing creative works and inventions. As a citizen choosing to live within a society we agree to abide by limitations enforced in the interest of the common good. No man is an island, and individual actions affect our neighbors, and so it is in the case of copyright that we find a balancing act between the rights of consumers to use purchased property and the rights of IP owners to earn a fair living off their creative efforts, works and inventions. Granting copyright to anyone and everyone would make it nigh impossible for companies to profit off a given work, since anybody could copy and distribute the product for the rest of the world to enjoy for free. This is a huge disincentive to companies who commit thousands of employees, work hours, and a significant financial stake in developing a work. Who would risk all that money, effort and time if the world is practically entitled by law to enjoy the sum product of his enterprise for free? Independently wealthy billionaire philanthropists, or hordes of masochistic altruists? No, it's simply insensible, incommensurate, inequitable, and unfair. We wish to encourage everyone with good ideas to make works and develop new technologies, because on the whole it improves our quality of life and so society at large benefits. And let's not be mistaken, these types of restrictions and limitations don't exist for creative content alone. All manners of law exist that limit our ability to do things with our property, such as where/when/how we can use our guns, or licensing requirements for vehicle use (not to mention, mandated incidental purchases like insurance). Even a man owns his body, but he's not entitled to parade his birthday suit wherever and however he wishes without consequence. Personal rights end where others rights begin. We may own any number of things, but if we choose to live within a society we agree to abide by certain restrictions and limitations on their usage which endeavor to promote the common good. If there is another system of society where we can realistically achieve these collective goals without imposing some degree of restriction, I would be interested to hear about it. |
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