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Forums - Sales - Activision suing file-sharers RIAA style

Ail on 22 September 2008
Lord N said:
Ail said:
They broke the law, they got fined, what's the big deal ?

You guys argue with the cops when they catch you above the speed limit ?
I don't think so...

 

I'm going to ask you the same question: When a law is amended or repealed, or when you're in different cities/states/countries, what you believe automatically changes?

Furthermore, it's not just about the legality. It's about whether or not the actions of the copyright holders are justified or even effective at all, and I think that we can see that the anwer is a resounding "no."

 

It's your duty to be up to date on the law of the place you live at.

I'm french living in the US, I can argue all day long with the US cops if I commit an offense that under french law woudn't be an offense, I am still going to loose and have to pay the fine or go to jail depending on the offense....

Maybe in your fantasy world things aren't the same but in the real world that's how things work........

 

 



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !

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Ail on 22 September 2008
jasonnc80 said:
twesterm said:
Godot said:
Chemical said:
ChichiriMuyo said:
twesterm, you are the biggest tool around. I'm starting to think if a major corporation sent a representative up to you and they kicked you in the nuts that company would become your favorite.

 

 

 

Oh that's a great gif ;)

 

I really don't agree with you twesterm. Pirates may be bad but bullying individuals (who usually are the most defenceless that's why they're the ones getting sued) isn't the solution. In my ethics class, I did my paper on the subject. My question was something like that: "Is it correct for big corporations to defend their IP with legal action?" And my answer was no for small pirates. The ones that they need to attack are the ones that make piracy possible: hackers, torrent site admin, huge uploader (such as klaxxon), etc. Attacking the average Joe is terrible for their image and has no effect on piracy whatsoever.

 

So you're basically saying that as long as you're stealing something small from something big you shouldn't be punished if caught?

That's not really the point at all.  The fact of the matter is that Activision no matter how big or how profitiable they are will only have a limited resource of time and money to pursue these pirates.  Going after the small guy when there are much bigger fish to fry does nothing but make a symbolic gesture which does NOTHING at all to curb the illegal downloads of their products. 

Your thread title right there should illustrate how futile these lawsuits are.  We know how well the RIAA's tactics have been in their quest to stop piracy.  Yeah it sucks that you may have to overlook the small "criminals" here and there but we live in the real world and sometimes you have to ignore the smaller guy to go after what you feel are the real criminals.  This type of utopian and unilateral thinking won't lead to any meaningful results.  I think a good comparison would be how we've handled the "War on Drugs".  Trying to prosecute every crime no matter how big or small.  That seems to be working really well...

Err ?

I'm pretty sure on those 100k settlements Activision made more money out of the settlement than it cost them in lawyer fee and such to get the settlement...

 

So all I hear in this thread is that there are bigger fishes.

Where exactly are those fishes and are you guys so sure that the big pirates represent a majority of the pirated software ?

I would think the huge majority of pirating is done by small fishes on P2P network actually..



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !

MrBubbles on 22 September 2008

cant they just declare bankruptcy and not have to pay it?



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iclim4 on 22 September 2008

Debunked guys.

A series of lawsuits filed by Activision has led to speculation that the publisher is now employing tactics similar to those employed by the RIAA to crack down on file sharers.

Speculation was further fueled by Activision's choice for lead attorney: Karin Pagnanelli, who has worked on quite a few file sharing cases for clients in the music business.

Pagnanelli, though, has recently told GamePolitics that the Activision lawsuits did not involve file sharing. In an email, Pagnanelli said that they "have never filed any litigation against a file-sharer on behalf of Activision."

With file sharing discounted as a possible reason, it looks like outright selling of burned copies of pirated games is the most likely one at this point. The settlement statements of the defendants mention that they "distributed and/or reproduced a copyrighted video game".

Activision filed six lawsuits in total, with the earliest dating back to 2007. Five were settled after the defendants agreed to pay Activision sums ranging from US$ 1,000 to US$ 100,000. The most recent case, filed against James R. Strickland, is still active.

Link 

Edit: my bad, I missed Katilian's post.




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Ail on 22 September 2008
MrBubbles said:
cant they just declare bankruptcy and not have to pay it?

 

ROFL.

 

Yes when you get a fine or are subject to a settlement bankrupcy gets you out of it ..............

 

 



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !

Around the Network
JaggedSac on 22 September 2008
Ail said:
Lord N said:
Ail said:
They broke the law, they got fined, what's the big deal ?

You guys argue with the cops when they catch you above the speed limit ?
I don't think so...

 

I'm going to ask you the same question: When a law is amended or repealed, or when you're in different cities/states/countries, what you believe automatically changes?

Furthermore, it's not just about the legality. It's about whether or not the actions of the copyright holders are justified or even effective at all, and I think that we can see that the anwer is a resounding "no."

 

It's your duty to be up to date on the law of the place you live at.

I'm french living in the US, I can argue all day long with the US cops if I commit an offense that under french law woudn't be an offense, I am still going to loose and have to pay the fine or go to jail depending on the offense....

Maybe in your fantasy world things aren't the same but in the real world that's how things work........

 

 

LOL.  I know, right.  The guy just doesn't get it.  I can think that gays should be able to get married all I want.  But me thinking it should be one way doesn't do a damn thing.  If it is a law, it doesn't matter what you think.  If you feel strongly about something, you go through the proper channels(ie. the political system) to try and get it to change.

Using the guys logic, I should be able to grow marijuana and not be arrested for doing such because I do not agree with the law.

 



jasonnc80 on 22 September 2008
Ail said:
jasonnc80 said:
twesterm said:
Godot said:
Chemical said:
ChichiriMuyo said:
twesterm, you are the biggest tool around. I'm starting to think if a major corporation sent a representative up to you and they kicked you in the nuts that company would become your favorite.

 

 

 

Oh that's a great gif ;)

 

I really don't agree with you twesterm. Pirates may be bad but bullying individuals (who usually are the most defenceless that's why they're the ones getting sued) isn't the solution. In my ethics class, I did my paper on the subject. My question was something like that: "Is it correct for big corporations to defend their IP with legal action?" And my answer was no for small pirates. The ones that they need to attack are the ones that make piracy possible: hackers, torrent site admin, huge uploader (such as klaxxon), etc. Attacking the average Joe is terrible for their image and has no effect on piracy whatsoever.

 

So you're basically saying that as long as you're stealing something small from something big you shouldn't be punished if caught?

That's not really the point at all.  The fact of the matter is that Activision no matter how big or how profitiable they are will only have a limited resource of time and money to pursue these pirates.  Going after the small guy when there are much bigger fish to fry does nothing but make a symbolic gesture which does NOTHING at all to curb the illegal downloads of their products. 

Your thread title right there should illustrate how futile these lawsuits are.  We know how well the RIAA's tactics have been in their quest to stop piracy.  Yeah it sucks that you may have to overlook the small "criminals" here and there but we live in the real world and sometimes you have to ignore the smaller guy to go after what you feel are the real criminals.  This type of utopian and unilateral thinking won't lead to any meaningful results.  I think a good comparison would be how we've handled the "War on Drugs".  Trying to prosecute every crime no matter how big or small.  That seems to be working really well...

Err ?

I'm pretty sure on those 100k settlements Activision made more money out of the settlement than it cost them in lawyer fee and such to get the settlement...

 

So all I hear in this thread is that there are bigger fishes.

Where exactly are those fishes and are you guys so sure that the big pirates represent a majority of the pirated software ?

I would think the huge majority of pirating is done by small fishes on P2P network actually..

You know how much corporate lawyers get paid?  And do you honestly think that some of these people will actually ever fork over the 100K they settled for?  More than likely they are small time and will end up filing bankrupcy and Activision will receive next to nothing.  These lawsuits are symbolic gestures at best.  If this was a profitable venture for Activision and had time to spare why not just expand the lawsuits and sue as many people as they can? The fact is that time is money and both are of a limited resource for this sort of thing.

And yes the bigger fishes are places like P2P sites, when sites like Oink got shut down it sure as hell put a dent in the downloading community. Yes places have popped up in it's place but it still had an impact.  Push for laws in "safe haven" countries that will make it harder for trackers and other file sharers to set up shop.  You're sure as hell going to get a better result then sueing some guy downloading COD4 in his basement that'll probably never be able to afford any settlement they throw at him.



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