[pp.int.general] Pirate Bay

[Reinier Bakels]

> Reinier,
> What would be the purpose, and desirable result that you want to get
> through this letter? Perhaps attacking such a minuscule issue with a
> strongly-worded letter would be overtly excessive.
> My thoughts on the issue, it seems, is the application of the phrase
> "illegal downloading." It stems from copyright infringement on a smaller
> scale, within the purview of civil litigation or courts. Copyright
> infringement is illegal; this applies for most jurisdictions and
> countries. When a user downloads a film, per se, they are engaging in
> copyright infringement, an illegal act. They are illegally infringing on
> copyright, or, in simpler terms, illegally downloading.

You are mistaken. Yes, copyright infringement is illegal. But copying for 
your own personal use is no infringement, in most European countries. It may 
be fair use in the use. In continental Europe there is a "closed system" of 
exceptions, including the one I just mentioned. The reason why private 
copying was allowed is twofold 1) enforcement would require an unacceptable 
privacy infringement (note that this dates fro mthe pre-internet era) 2) 
people pay already via media levies.
Finally, TPB does not facilitate file sharing itself, but only refers to 
sites that do that. Where is the end if hyperlinking is restricted? A 
hyperlink is no publication, it is a reference?

So far, this was about current law. But there is a good reason to question 
current law: if draconic enforcement is needed, apparently the public 
support is low. And human rights may suffer.

Thanks for playing devlis advocate, but who is the real pirate here?

reinier