While data transfer of bit torrent from client to client can be disguised, tracker announces and peer discovery is carried out over HTTP in plain text format – ISPs can tell you are using bittorrent just by LOOKING at your packets.

” ‘Legalise theft’: if producers don’t charge what you consider to be a fair price, you are allowed to steal the product. Products are products. You have no actual right to them.”

I’m not saying that its right or that you should legalise it. However, it happens because of the price. If bread cost 10 euros a loaf, people would certainly resort to stealing it. Rather than trying to solve the problem at the source (i.e. changing their business strategy), what the entertainment industry does is lobby to impose tough penalties. So continuing with our bread example, it would be like chopping someone’s hand off for stealing a loaf of bread.Remind you of any countries in particular?

“[Daphne – No, it’s because they can’t be fagged to actually use the library for WORK, Patrick. That’s why. Students don’t have to buy books. That’s why universities have libraries.]”

Daphne, at most there might be 5 copies of one book, perhaps not even the latest edition. How can this serve courses with scores of students in? I study in a different country, and the situation here is the same. I have to buy around 3 books a semester. That is not to say the libraries are not a good resource of knowledge: the lack of quantity of books is made up by the variety of books. However, sometimes you still need that one specific book.

“[Daphne – Try living in a communist state, Patrick. I’m told the film industry is really fascinating there.]”

No but I live in Sweden, an arguably semi-socialist state that, despite its relatively small population, has a solid film tradition. Ingmar Bergman alone is one of the most influential individuals in the history of cinema.

Well said.

“il kitbiet” – made me laugh out loud

I can see you being all creative and sharing the sweat of your brow for free. Bet you do voluntary work as a day job and help grannies cross the road in the evenings. Can I send you some donations of bread and water?

Rampant piracy undermines the economy but this blanket, hysterical approach is going to undermine important and legal practices that underlie modern business.

[Daphne – Joseph, il-kummenti tieghek ma ntellaghhomx ghax bilkemm jaghmlu sens. Il-kummenti pastasi u bla sens tal-Mintoffjani gibthom ghal ftit biex in-nies ikunu jafu x’tip ta’ kummenti tibaghtuli. Imma issa ergajt bdejt inhassarhom biex ma jhammgux post.]

Dee, it is already illegal to download a film or music (unless it is intended to be free), whether for your own enjoyment or not.

What ACTA does mostly is to make it easier for the authorities to catch you, or at least that is what it’s claimed purpose is.

So you are already breaking the law but you’re just not being caught.

“You write a novel. It takes you a year of hard work, barely sleeping, etc etc…” then you charge 80 euros for it. In a couple of years, you change a couple of sections and you charge 80 euros again in a new edition.

People resort to piracy because they have no other option. If the book had a much fairer price, people would actually buy it.

[Daphne – ‘Legalise theft’: if producers don’t charge what you consider to be a fair price, you are allowed to steal the product. Products are products. You have no actual right to them.]

When was the last time anyone ever downloaded a book for casual reading (I’m not talking about e-book readers )? And this is because casual reading books are usually affordable in price. In addition, people prefer the convenience and ‘feel’ of books.

But then why is it that students routinely download or photocopy academic works? Because they don’t want to fork out 200 euros every semester (luckily in Malta there is the smart card and stipend that somewhat alleviates this).

[Daphne – No, it’s because they can’t be fagged to actually use the library for WORK, Patrick. That’s why. Students don’t have to buy books. That’s why universities have libraries.]

I used to download pirated video games quite regularly. Then came the program Steam (look it up), which provided games at a fair price and also offered an excellent service. Because of this, I haven’t downloaded a pirated game in years.

And why do people download movies? Because they don’t want to pay an exorbitant amount of money on a DVD. 30 euros and I get SPECIAL FEATURES! Who the hell actually watches that? Or you could pay 8 euros to go and watch the movie -once- in a smelly, damp theatre! Ahhh excellent value for money.

Honestly, the movie and publishing industry are so backward it’s incredible. What’s funny is that they argue that they’re losing “billions” due to piracy. Honestly, do you think that people who download movies for free would EVER pay the exorbitant fees for the ‘legitimate’ copies?

Imma msieken, all the rich actors and producers need to eat hux.

[Daphne – Try living in a communist state, Patrick. I’m told the film industry is really fascinating there.]

But what’s most ironic is that Hollywood was set up to escape punitive licensing from Thomas Edison’s Motion Picture Patents Company. Funny, no?

If the movie industry offered their product at a fair price and with an excellent service, they’d see their profits increase significantly.

It is already illegal to download a film or a piece of music.

That is why the government, the Commission and the PN MEPs are insisting that Acta won’t change the law. But as things stand right now no matter how much you download you are never going to be prosecuted or sued for damages.

This is what will change with ACTA. You will be prosecuted for downloading films and songs while record companies and movie companies will be able to sue you for ridiculous amounts. This is already happening in some countries such as Germany.

A friend of mine who lives there received a letter asking for €400 in damages for downloading one song. This is the basic issue at play.

Actually you made my point. Intellectual property is a different field of law because it is not theft. Otherwise it would be covered by the laws against theft. As for the royalties, they don’t go to the author but to the publisher in the same way that they don’t go to the artists but to the record companies.

[Daphne – Not true at all. Royalties go to authors/songwriters etc. PROFITS go to publishers, record companies and so on.]