Is Corbin Fisher right to sue torrent dowloaders ?

[MarcoMTL]

I just read this post on popwired

http://www.popwired.com/2011/02/emco...gay-community/

I really think it's bad to sue downloaders, just because it may out a lot of young gays who are in the closet. It's possible to protect VOD movies from being downloaded, so instead of suing, they'd rather protect their movies better. In addition, instead of suing end-users, they shoud sue websites as gay-torrents.net that give torrent URLs.

What do you think of it ? Does it deserve a ban ? I do think so.

[HunkyLuke]

Downloaders are actively participating in obtaining illegal goods. Quite simply, they are stealing and IMHO all people that steal should be brought to justice by whatever means are available.

[daedal]

I agree in a way, you can only ever sue a small majority of the people that download and there could be cases that people don't know they are doing wrong, there are many sites out there, that say sign up for free unlimited downloading and make it seem official.

Some of the things you download from torrent sites are legal, in fact lots of software companies distribute there software by torrent sites, you could legitimately download something from a torrent site, see something else and think its ok.

If a site is actively participating in distributing illegal material by suing the site and getting it shut down surely its a more effective way of doing it.

More countries should do what BT does in the UK actively limit the download speed of torrent and download sites, its not completely effective as downloads are only limited during peak times, but if its taking you days to download a movie, you are less likely to do it, and just pay to download.

The problem is, its not easy to shut down these torrent sites, because legally they are deemed as not doing anything wrong, they are only giving people a way to share. Rather than sue downloaders, they should be suing the ones that are actually uploading the movie, they are distributing something illegally, that they know is illegal.

If you stop the people uploading, then you are effectively stopping the people downloading, because its not being uploaded for them to download.

[MarcoMTL]

Downloaders are actively participating in obtaining illegal goods. Quite simply, they are stealing and IMHO all people that steal should be brought to justice by whatever means are available.

Well, quite an extreme point of view I think

If i was 17/18 yo, leaving with my parents, with no job, i would download torrents, and i'm sure anybody here would. The temptation is too strong, you can't pay for it, this is an easy way to get the movie, porn is compulsive, you can't ask your mum her card number to pay for it..."

If i was 17/18yo, leaving with my parents, my life would be devasted is a porn company sued me for dowloading gay porn videos illegaly.

Downloading porn as a private user is bad, of course, but it not deserves to have his life ruined. No gay porn company should out gay people and destroy lives, juste because they stole a few bucks.

[attis]

I agree with Luke. Stealing is not right, not even a few bucks.

If they decide, at an age when they really should know what's right or wrong, to take the risk of doing something that's not okay, they should also accept the consequences of their acts when get caught.

I know it's not always that easy, especially when someone is young, but still it doesn't give anyone the right to steal the property of others.

[NALEM]

you know he was referring to gay people who were stealing from him not all gays right? just because we all do it doesn't mean illegally downloading stuff isn't a crime. how about we ban all violence because there a chance some kid might be inspired by it, "any chance is too high" right? in stead of suing, they should be investing in education so kids wont be scared to come out and be accepted for who they are.

- Yan :mopping:

[Bec]

Is it right to sue? Yes, it's theft of intellectual property.

Is it "outing" the individual? That's irrelevant, as one can't (or shouldn't) assume the guy (or gal) doing the downloading is gay, he's a thief and was caught.

Just because you can't afford something doesn't entitle you to get it free. That's the same as breaking in and stealing cars, home theater systems, bicycles, money from ATMs, a Rolex watch or whatever else you fancy "needing" or "wanting".

Just because it's "cyber" doesn't make it OK. Someone getting a hold of your ID and credit card number via the internet, and then using it, is exactly the same thing. It's theft. I'm sure you would be upset, quite angry and feel violated, and would want to see the guy caught by the police and punished. Corbin Fisher feels the same way about the theft (unauthorized distribution) of their products.

[zbuckz_lloyd]

Well, quite an extreme point of view I think

If i was 17/18 yo, leaving with my parents, with no job, i would download torrents, and i'm sure anybody here would. The temptation is too strong, you can't pay for it, this is an easy way to get the movie, porn is compulsive, you can't ask your mum her card number to pay for it..."

If i was 17/18yo, leaving with my parents, my life would be devasted is a porn company sued me for dowloading gay porn videos illegaly.

Would you also go steal cigarettes as well? Booze from a liquor store? And if caught, wouldn't you be outed as a drinker and smoker?

When I was 16 it was tough to find someone that would buy me booze. But I never went and stole it. There were many Friday nights where I was pretty bummed out.

If anyone wants to find free porn on the web they can do it without stealing it. Trust me.

[Lee]

Lets also not forget, playing Devils Advocate here, that a lot of 'torrent' users actually dont realize the movies they are downloading *are* stolen, sure a lot do but i would be willing to bet a good portion of torrent users, especially newer ones, stumbled upon them by mistake or because their friends told them about the site/sites, much like tube sites are talked about among friends, im sure not everyone knows what they are doing is illegal that being said, im sure that once they find out, not everyone stops using torrents.

Is suing people for content theft the right thing to do, absolutely, I do however feel there is a right and a wrong way to go about it, lets not forget that a lot of studios these days are using 'content theft' as a new means of revenue generation and i really wouldnt be suprised if some studios and content owners were uploading titles themselves in the hopes of people downloading them from the torrents, just to make an extra couple of hundred thousand in settlements.

[daedal]

I think that's sort of what I was trying to say, you should be suing the uploaders not taking the easiest option and suing downloaders, that may or may not know they are doing something wrong.

[zbuckz_lloyd]

I think that's sort of what I was trying to say, you should be suing the uploaders not taking the easiest option and suing downloaders, that may or may not know they are doing something wrong.

Using that argument then how can one assume that the uploaders know that they are doing anything wrong?

The thing about torrent sites and how they work is that in most cases someone who downloads is also uploading at the same time as well; so for the most part they are one in the same.

[Lee]

Using that argument then how can one assume that the uploaders know that they are doing anything wrong?

The thing about torrent sites and how they work is that in most cases someone who downloads is also uploading as well; so for the most part they are one in the same.

Most people, around the globe know its illegal to upload movies, cds, etc, i mean you'd have to have been sat under a rock since you were born not to have seen some movie, read some music CD packaging, etc all quite clearly state it is illegal to share, distribute the product, perhaps thats one approach content producers could take when it comes to their movies, have an FBI warning at the beginning of each scene, i know its not an ideal solution (or even practical) but its something to get the message out there the adult industry *is* serious about cracking down on content theft.

Of course, it doesnt help that so many webmasters willingly upload full length DVDs to tube sites, torrents themselves to snag more traffic, so i guess we're caught in a catch .22 situation with that....

Free content = traffic
Traffic = $$$
$$$ = Content

Lather, rinse, repeat...

[HunkyLuke]

When it comes to the law, its pretty black and white. Its irrelevant if you know what you are doing is illegal, if you do something illegal then you can be charged. Ignorantia juris non excusat

[daedal]

Using that argument then how can one assume that the uploaders know that they are doing anything wrong?

The thing about torrent sites and how they work is that in most cases someone who downloads is also uploading at the same time as well; so for the most part they are one in the same.

Unless things have changed dramatically, all DVD's you buy at least in the UK have the Federation Against Copyright Theft advertisement, all cinemas show the advertisement, they advertise on TV in magazines, in newspapers, so at least in the UK everyone knows its illegal to do it. In the US all the major studios make it clear its illegal, most clips have a statement saying its illegal to share this and so on.

Most sites have something that says you can not share this and so on.

When you pay to join a paysite, you are paying for your access to that content, if you choose to upload it, then you are making the choice to publish that material by other means, which is illegal.

Torrent sites clearly advertise you must have permission to upload the material, they don't enforce that, but again, the uploader is certifying they have the right.

So I still stick to my original statement, the uploader is making the decision to break the law, a downloader may or may not be.

[zbuckz_lloyd]

Fair enough. But, on torrent sites the "downloaders" are really the "uploaders" for the most part, unless sharing is turned off. The whole p2p model relies on downloaders to survive. Without an active downloading community willing to share the whole model would fall apart.

I truly believe that most that download from a torrent site know damn well that they are breaking the law. Even if they don't, ignorance is no excuse in a court of law.