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Re:Sweet sanity: 75% of Americans say infringement fines sho... by pagekalisedown on Wednesday November 16, 2011 @06:54PM (#3245746)
In other news, bank robbers say bank robberies should be punished by fines under $100.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by MaxGabriel on Wednesday November 16, 2011 @07:09PM (#3245783)
First, it does indicate a problem with the copyright system when such a large number of people (+50%, per Free Culture) are 'felons' under US law and liable for hundreds of thousands in damages.

Second, wouldn't it be reasonable for the bank robbers to request that they're not sentenced to death for robbing banks? Can't they argue the punishment doesn't match the crime?

Re:Sweet sanity: 75% of Americans say infringement fines sho... by eli on Wednesday November 16, 2011 @11:34PM (#3246399)
I disagree. +50% of people probably think their taxes should be much lower. Does that necessarily indicate our taxes are way too high?
Re:Sweet sanity: 75% of Americans say infringement fines sho... by nitrogen on Thursday November 17, 2011 @02:50AM (#3246845)
It's not a binary, single-axis issue. If people think their taxes should be lower, it could mean a number of things:

- Taxes are too high

- Government service is too poor

- The government is not doing an adequate job of informing people how much benefit they get from paying taxes (Europe seems to do much better in this regard, based on reading HN comments from Europeans).

- The government is not transparent enough in how taxes are allocated.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by forensic on Thursday November 17, 2011 @06:36AM (#3247307)
If we live in a democracy, yes.

Are you sure you understand the concept of democracy?

Re:Sweet sanity: 75% of Americans say infringement fines sho... by MrScruff on Thursday November 17, 2011 @08:50AM (#3247616)
If the job of being in government was just to ask the people what they want and then deliver it, being a politician would be very simple. In reality people want a lot of things, some of which may be incompatible (lower taxes/better services). We elect people to filter through the noise and make sensible judgements about how we should collectively move forward.

Also, the people who are supporting a referendum led form of government should consider that in most places, the majority of the population would advocate policies which may infringe on your personal liberty. I'm no fan of populism in my politics.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by eli on Thursday November 17, 2011 @08:07AM (#3247492)
A representative democracy. There's a reason the public generally doesn't vote on the budget and in places where they do (California) it has not gone well.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Wednesday November 16, 2011 @07:58PM (#3245919)
First, it does indicate a problem with the copyright system when such a large number of people (+50%, per Free Culture) are 'felons' under US law and liable for hundreds of thousands in damages.

While I agree with your conclusions, the logic here is flawed. If everyone started shoplifting, for example, it wouldn't indicate a problem with the laws that people are now criminals.

(Sidenote: Only a small number of people are felons on account of copyright. Under US law, to be a felon you have to have been convicted of a felony.)

Re:Sweet sanity: 75% of Americans say infringement fines sho... by jacobolus on Wednesday November 16, 2011 @08:31PM (#3246003)
> If everyone started shoplifting, for example, it wouldn't indicate a problem with the laws that people are now criminals.

Yes it would. Laws are not “good” or “bad” in a vacuum; they’re just the written-down versions of agreed-upon social relations – specifically, agreed upon by whoever in the society has enough social and economic power (and in a democracy, votes) to get a law enacted and enforced.

At the point where “everyone” was shoplifting, we’d be in some kind of social situation where the strictures against stealing had completely broken down. This happens sometimes, for example in rebellions or disaster zones. When there’s a revolution and a mass of people loot, throw out, kill, etc. existing power-holders, it quite clearly “indicates a problem” with the previous set of laws in the society, no matter how vehemently those elites protest. Usually, in modern democracies, we have enough mutual respect and a sufficiently broad distribution of power that things don’t get to the point of complete breakdown of order.

In this particular example, where there are fines in the $100Ks for something that most people have done and don’t consider bad, there’s quite clearly a problem with the law.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by sehugg on Wednesday November 16, 2011 @09:59PM (#3246218)
Or for a more concrete example, see the Volstead Act and Prohibition.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by MichaelGG on Wednesday November 16, 2011 @08:49PM (#3246046)
The flaw there is that the only reason copyright exists is to benefit the public. If the public is finding it's against the current copyright laws, it's copyright that should change to suit the public, not the other way around.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by ugh on Wednesday November 16, 2011 @08:31PM (#3246006)
Not really, no. Laws should fit the society, not the other way around. Laws that lock up everyone are unjust laws, no matter the crime. Everything else would be a misguided adherence to laws.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by pyre on Wednesday November 16, 2011 @08:29PM (#3245998)

  > Under US law, to be a felon you have to have been
  > convicted of a felony.
Don't worry. The RIAA/MPAA will be remedying this with another bill after they ram SOPA through.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by rayiner on Wednesday November 16, 2011 @09:12PM (#3246107)
His logic is fine. You can work backwards from a result that seems suspect to question the conclusions from which that result stems.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Wednesday November 16, 2011 @09:14PM (#3246114)
I agree with your second statement but that does not imply the first. Your second sentence leads to a different conclusion: Such a situation indicates that causes should be examined. It does not indicate what the cause is.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by nickik on Thursday November 17, 2011 @03:16AM (#3246897)
Shoplifting is something diffrent because you cant copy something in a store. You dont take anything away from somebody when you copy (exept an abstract right).

If I could copy a car for basiclly nothing I probebly would too.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Thursday November 17, 2011 @03:17AM (#3246901)
I've been over this already: http://news.ycombinator.com/item?id=3246010
Re:Sweet sanity: 75% of Americans say infringement fines sho... by nextparadigms on Wednesday November 16, 2011 @08:28PM (#3245993)
Copyright infringement is not shoplifting.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Wednesday November 16, 2011 @08:34PM (#3246010)
Goddammit, I knew someone was going to trot that line out.

You see, I never said copyright infringement was shoplifting, or related to shoplifting, in any way. Just because someone uses the words "copyright" and "shoplifting" in the same post doesn't mean that they are saying copyright infringement is shoplifting.

In my above post shoplifting was only an example. My post makes just as much as sense if I replace shoplifting with murder and copyright infringement with cannabis possession. Or shoplifting with arson and copyright infringement with being left handed.

The underlying logic I quoted is what was wrong, not the categorisation, so stop jerking your knee.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by wvenable on Wednesday November 16, 2011 @09:51PM (#3246200)
Your argument demands an obviously immoral crime in order to work. You used shoplifting because everyone agrees that is immoral. You are begging the question.

If you replaced shoplifting with cannabis possession then the line "If everyone started smoking pot, for example, it wouldn't indicate a problem with the laws that people are now criminals" isn't nearly true. In fact, you could argue that alcohol is legal, while cannabis is not, is entirely because everyone does it.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Wednesday November 16, 2011 @10:04PM (#3246228)
I disagree, for a number of reasons.

1. I don't agree with the statement "shoplifting is necessarily immoral" so it makes no sense for my own argument to hinge on such a fact. 2. My argument does not only work for an immoral crime; it is merely illustrated by an example of a law people think is not wrong. Shoplifting is merely a counterexample to the logic "If X is a law that a lot of people break then X is a bad law". I do not take this on to conclude that X is not a bad law which would be begging the question. 3. The original logic was begging the question, not I. The statement "If X is a law that a lot of people break then X is a bad law" only holds if X is already a priori a bad law (and, even then, it requires a few more statements to actually work).

Re:Sweet sanity: 75% of Americans say infringement fines sho... by wvenable on Wednesday November 16, 2011 @10:10PM (#3246239)
> Shoplifting is merely a counterexample to the logic "If X is a law that a lot of people break then X is a bad law"

Perhaps if 90% of the population shoplifted, then any law against shoplifting would be bad. What is missing from the question is why the majority of the population would shoplift.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by masterzora on Wednesday November 16, 2011 @11:10PM (#3246353)
That is a very valid line of reasoning and one that I would implore everyone to explore in such a situation. But, as you said, "perhaps". It does not directly follow that it is necessarily a bad law.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by pyre on Wednesday November 16, 2011 @08:30PM (#3246001)
He's arguing that "everyone is doing it" isn't proof that something is good.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by joshAg on Wednesday November 16, 2011 @07:19PM (#3245815)
I am troubled by the fact that you consider the entirety of America to be copyright infringers when the study only indicated that 46% (plus/minus 2%) of americans actually did so. That leaves 53% of non-copyright infringers who think agree with the copyright infringers (assuming all copyright infringers agree that fines should be under $100).

Your statement also brings up the question of whether something that an entire population (according to you) is doing should even be illegal.

Re:Sweet sanity: 75% of Americans say infringement fines sho... by sp332 on Thursday November 17, 2011 @10:14AM (#3247859)
Copyright laws are so extreme I don't see how you can avoid breaking them. Singing a popular song in a crowded place? You owe performance royalties to the songwriter. Use a song as a soundtrack to a Youtube video? You'll be lucky if they just take your video down, that's commercial-scale infringement! Maybe huge fines, or thousands of dollars in settlements.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by PotatoEngineer on Wednesday November 16, 2011 @07:11PM (#3245794)
The current laws allow huge fines per song. Download about $100 worth of music (~6 CDs), get hit with over $500,000 in fines. That's simply overkill. A fine of less than $100 (even on a per-song basis) would make the punishment fit the crime.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by carbocation on Wednesday November 16, 2011 @07:57PM (#3245916)
I thought it was up to $180,000 per violation (~$10 million, if taken to the extreme for 6 CDs)?
Re:Sweet sanity: 75% of Americans say infringement fines sho... by Natsu on Thursday November 17, 2011 @02:34AM (#3246799)
The quick summary is that statutory damages are between $750 and $30,000, at the court's discretion, except in the case of willful infringement, wherein they go up to $150,000 per work. Conversely, in cases where the infringer "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright", damages may be reduced to "no less than $200."

See 17 USC 504 (c) for more information: http://copyright.gov/title17/92chap5.html#504

Re:Sweet sanity: 75% of Americans say infringement fines sho... by eogas on Wednesday November 16, 2011 @07:39PM (#3245866)
$100 fine for every 99 cents they steal? I don't think the bank robbers' union would support that.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by JoshTriplett on Wednesday November 16, 2011 @07:20PM (#3245816)
The survey didn't just ask Americans who download music; it asked Americans in general. The results from the article suggest that many Americans (48%) don't think this should count as a crime at all.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by darth_static on Wednesday November 16, 2011 @08:14PM (#3245953)
The fines for pirating music are ridiculous. I remember reading somewhere that the fines for pirating Prince's entire discography are more than Prince has made from those albums. Where's the sense in that?
Re:Sweet sanity: 75% of Americans say infringement fines sho... by marchdown on Wednesday November 16, 2011 @09:16PM (#3246122)
These fines were never paid. It's like saying that all the popcorn in a movie theater would cost more than the theater itself. It doesn't make much sense to compare the two numbers.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by beedogs on Wednesday November 16, 2011 @11:01PM (#3246334)
In other news, your analogy is horrible.
Re:Sweet sanity: 75% of Americans say infringement fines sho... by dasil003 on Thursday November 17, 2011 @01:11AM (#3246619)
Valenti, is that you?