Comicscape


Digital Destruction

By: Kurt Amacker
Date: Wednesday, December 05, 2007

As with most media, comic books experience a fair amount of piracy on the Internet. Most of the time, sites only host BitTorrent trackers over actual scanned comics. The trackers allow the downloader to assemble the file in small pieces from other users hosting a scanned copy of the comic, usually in CBR or Adobe PDF format. Outside of a couple of Image imprints, the major publishers in the comic industry have remained cautious about providing any sort of iTunes-style downloading service for their works. Fans took to scanning, uploading, and downloading comics with gusto a few years ago. And, for the most part, the comics industry turned a blind eye to the practice, with no lawsuits against either sites or individuals. But, with the launch of Marvel’s Digital Comics Unlimited (DCU) service – which allows subscribers to read, but not download comics – things may change in the coming months. On Monday, November 20th, Marvel Publisher Dan Buckley told our friends over at Comic Book Resources that the company would consider instances of comic piracy on a case-by-case basis. And, it seems premature to declare a war between American comic publishers and illegal downloading of their wares. Nothing on par with the Recording Industry Association of America’s campaign against downloading MP3s has occurred yet. But, Marvel and a few publishers have already voiced their displeasure and asked a couple of BitTorrent sites to play nice. On or about Wednesday, November 21st, Marvel and DC respectively contacted “Serj,” the moderator, of the popular comic site Z-Cult FM and requested that the site remove all BitTorrent trackers that lead to scans of either publisher’s material. Around the same time, Top Cow – an imprint of Image – asked Serj for the same consideration. Serj politely complied, and he and his staff began removing the material. Z-Cult FM no longer hosts BitTorrent trackers for Marvel or DC, and it will only host or link to authorized preview titles from Top Cow.
 
On Friday, November 23rd, “Deicist,” the moderator of Comicsearch, another site that hosts BitTorrent trackers, committed a grand act of cock-waving and wrote Marvel an open letter about the benefits of allowing the piracy and distribution of scanned comics to continue. Marvel did not accept Deicist’s letter as a chance to reach out to the comic fans and embrace free distribution of copyrighted materials. Instead, a representative from Marvel contacted him and asked that Comicsearch remove the aforementioned BitTorrent trackers or face the consequences. Deicist removed them, but continued an exchange with the Marvel representative about the shortcomings of the publisher’s Digital Comics Unlimited (DCU) service and the applicability of the Digital Millennium Copyright Act (DMCA) in the United Kingdom, where Comicsearch is hosted. After a bit of back-and-forth, the Marvel representative told Deicist that if he continued to press the issue, other comic publishers would learn about the site. Deicist decided that Sweden sounded like a better place to host Comicsearch. Sometimes when you put a flower in the barrel of a gun, you get shot. 
 
Let me open my thoughts with a couple of qualifiers. I do not download comics illegally. I tried it once a few years ago, but I didn’t inhale. Actually, I found the experience of reading a comic on my laptop frustrating. I’ve voiced my distaste for the experience in the past and, while I realize the many benefits of digital comics, nothing will ever take the place of the printed word – not DCU, not BitTorrent, and not f—cking Kindle. I simply love the experience of reading a printed book or comic too much to change. However, because of space and cost consideration, I certainly understand those readers that would prefer to pick up their comics digitally – and, one hopes, legally – every week. After a while, dragging and storing long-boxes becomes something of a burden. 
 
I will cop to downloading other copyrighted material from time to time. I prefer to pay for what I download and usually opt for the legal version, particularly in the case of music. I love Emusic.   But, that doesn’t mean I don’t watch a cartoon on YouTube once in a while. From fan-created works – fiction, movies, and websites – to outright copying of media, it’s difficult to surf the web and not benefit on some level from the misuse of intellectual property. While that might not make my reasoning and my habits 100% consistent, I refuse to join the ranks of unapologetic downloaders that hoard music, movies, games, and/or comics on their hard drives with little recompense for either of the creators or the owners of said works. I don’t intend to spend this week’s column berating piracy, because you can find that elsewhere. But, I will point out that I acknowledge that the copying of media doesn’t constitute stealing in the strictest sense of the word. If you download a comic, you have not deprived a publisher or a store owner of a piece of inventory that they can no longer sell, thus forcing them to cover the cost. However, you have effectively usurped the right of the copyright holder to use their intellectual property in a manner only they see fit. The old argument that downloading-is-stealing remains popular with the RIAA, the MPAA, and a host of other organizations. But, it rests on a theoretical proposition – that downloads necessarily equal lost sales. No doubt, some do. There are people that download music who would purchase it in the sddddddddddtore, if those programs weren’t available. CD sales have taken a nosedive in the past few years, and I’m sure that peer-to-peer programs and BitTorrent contribute to that. Some of the habitual comic downloaders would also, I’m sure, just buy some of their comics if they couldn’t pirate them, though perhaps not as many as they download. But, we can only estimate about lost sales. We have almost no way of knowing who would buy what and how often if they couldn’t download it. But, part of owning a piece of intellectual property – whether the original creator or not – entails dictating how much it costs, who can buy it, how long it remains available, and where it is sold and distributed. If I own the rights to a hypothetical character, “Biscuit Man,” only I may decide to create comics, t-shirts, and toys featuring my buttery, breakfast-themed hero. It is not anyone else’s prerogative to copy, distribute, portray, or otherwise assume the same rights and responsibilities that I have as his creator. It doesn’t matter if you didn’t create that fan film for profit or that you’ve loved and supported Biscuit Man for years. I own him, and it’s not your right to do anything featuring him without my express consent. Any action I don’t take against you may at best be considered an act of mercy on my part. Downloading a scanned comic may not constitute a material theft on par with shoplifting – I don’t care what the RIAA says – but it implies something even more arrogant – that your desires and concerns outweigh the rights of the comic’s owner to sell, distribute, withdraw, or, hell, even give away the comic as he or she sees fit. You are effectively telling someone who created that work – or who lawfully bought or commissioned it – that their ownership doesn’t matter, and that you can distribute and use their ideas, creations, and stories as you see fit. Any sort of hand-wringing justification about buying and downloading at the same time falls flat. Marvel or DC didn’t give you permission to download a copy of a comic you purchased. And, just because you buy a bunch of other comics, it doesn’t entitle you to download more. You only buy the license to retain and read the comics you pay for, not reproduce them or own unlicensed reproductions. Even the RIAA gets a cut from the sale of blank cassettes and audio CD-Rs to cover copied music. ASCAP and BMI get a cut from the performance of live music, including cover songs and audio CDs played in public venues (supposedly). 
 
I find the trafficking of illegally scanned comics frustrating and arrogant. But if the music industry has shown us anything, it’s that sometimes you have to adapt. Shutting down a couple of sites that host BitTorrent trackers will not stop the downloading. Shutting down a hundred of them won’t. Suing individual users will ultimately breed resentment and hostility. For that matter, in the case of Marvel’s DCU, offering a sparse online library that doesn’t allow you to even keep a legally acquired digital copy won’t persuade anyone. A significant number of comic readers want to acquire digital copies of comics at the same time their print counterparts hit the shops, and at a discount. They care less about supporting comic shops and keeping print media alive than about saving money and saving space. That’s a choice that every consumer has the right to make. Any of the other concerns that keep Marvel or DC from offering such a service will not stop a market bound and determined to go digital. Marvel’s DCU serves as a toe-in-the-puddle for digital comics, and one obviously designed to avoid alienating the direct market. By withholding what many readers want, Marvel feels they may avoid drawing readers away from the system that has remained their bread and butter for nearly 30 years. That may herald the eventual death of the direct market, but if enough readers eschew the comic shop experience in favor of a digital download, there’s not much that can save the old system. The question remains whether or not the major publishers want to fulfill that need or allow pirates to fulfill it for them. The relative success of legal music download services proves that some consumers will acquire media legitimately if it still provides some of the same conveniences as its illegitimate counterparts. You can have the convenience of downloading while knowing that all of the files will work, you will save money, and no one will sue you. Top Cow and Raw Entertainment already offer some of their material as such at Direct2Drive. Slave Labor has their titles online at EyeMelt. IDW, Devil’s Due, and a number of other small presses offer some of their stuff at PullBoxOnline. Wowio offers a range of small press comics for free, but with support from advertising revenue. It seems as if much of the industry outside of Marvel, DC, and Dark Horse has gravitated towards a model similar to iTunes. Ultimately, it remains those publishers’ decision whether or not to allow readers to download and retain their comics. But, the market will not wait for them to decide, as so-called fans will continue to download their comics illegally. If the major publishers offered a legitimate outlet, they would see some revenue from the practice instead of none at all.
 
The Spinner Rack
By Ben Johnson and Kurt Amacker
 
Ben: Check it out! I actually say something nice about Countdown.
 
DARK HORSE COMICS
 
Buffy The Vampire Slayer #9 $2.99
 
Elfquest Bust Cutter $49.99
Ben: How would the women of DC feel about this?
Kurt: Depends on what they’re in to.
 
Escapists HC $19.95
 
Lobster Johnson Iron Prometheus #4 (Of 5) $2.99
 
Rex Mundi Vol 4 Crown & Sword TP (May078268) $16.95
 
Signal To Noise 2nd Ed HC $24.95
 
XS Hybrid Vol 3 TP $10.95
Ben: For clowns that want to protect the environment.
 
DC COMICS
 
Action Comics #858 2nd Ptg $3.50
 
All New Atom #18 $2.99
Kurt: You’ll have to check the adult section of Previews for All Nude Atom.
 
All New Atom Vol 2 Future Past TP $14.99
 
Batman #670 2nd Ptg $2.99
 
Batman Superman Saga Of The Super Sons TP $19.99
Ben: Who is still reading this?
 
Brave And The Bold Vol 1 Lords Of Luck HC $24.99
 
Countdown Arena #1 (Of 4) $3.99
Ben: The one saving grace of Countdown has been the tour through all the Elseworlds.
 
Countdown To Final Crisis 21 $2.99
Ben: Issue 23 and 24 (24 and 23?) were actually decent reads, but in 22 the writers went back to the Jimmy Olsen crap-a-thon, stalling momentum and totally pissing me off.
 
Danger Girl Body Shots TP $12.99
 
Go Go Heaven Vol 4 $9.99
Ben: Mini skirts and tall boots galore.
 
Infinity Inc #4 $2.99
 
Jonah Hex #26 $2.99
 
Justice League Of America #15 $2.99
 
Justice League Unlimited #40 $2.25
 
Justice Society Of America #11 $2.99
Ben: This is one of the best comics going.
 
Looney Tunes #157 $2.25
 
Metamorpho Year One #5 (Of 6) $2.99
 
Midnighter #14 $2.99
 
Pieces Of A Spiral Vol 10 $9.99
Ben: Little bits of Fusilli.
 
Robin #168 2nd Ptg (Ghul) $2.99
 
Robin #169 (Ghul) $2.99
 
Robin Annual #7 2nd Ptg $3.99
 
Supergirl #24 $2.99
 
Wildstorm Fine Arts Spotlight Gen 13 $3.50
Ben: The most worthless class at University makes its way to the Wildstorm universe.
 
IMAGE COMICS
 
Dynamo 5 #9 $2.99
 
Fearless #2 (Of 4) $2.99
Kurt: Hey! Ben didn’t make a sh-t joke!
 
Hero By Night Vol 1 HC $12.99
Kurt: Somehow, I don’t think this guy would last long against Werewolf by Night.
 
Infinite Horizon #1 (Of 6) $2.99
 
Invincible #47 $2.99
Ben: Kirkman has been on his game all over the place. Check this out.
 
Lazarus #2 (Of 3) $3.50
Ben: The beggar or the rotting guy who came back to life?
 
Madman And The Atomics Vol 1 TP $24.99
 
PVP #37 Ote Price) $3.50
Ben: The Wilford Brimley edition.
Kurt: Does it tell us about diabetes?
 
Suburban Glamour #2 (Of 4) $3.50
 
Sword #3  $2.99
Ben: It’s a shamshir.
Kurt: Written by Ronan Harris.
 
MARVEL COMICS
 
Annihilation Conquest #2 (Of 6) $2.99
Ben: Between this and Sinestro Corps the space epic is back in a big way.
 
Avengers Initiative Annual #1 SII $3.99
 
Fantastic Four Visionaries John Byrne TP Vol 08 $24.99
 
Giant Size Avengers Mischief Pi
Ben: A huge cream pie fight.
 
Giant Size Fantastic Four Cosmic Threats Pi
Ben: So big they threaten the cosmos.
 
Giant Size Spider Man Family Pi
Ben: Mary Jane’s diet goes horribly wrong.
 
Giant Size Spider-Man Back In Black Pi
Ben: No matter how big it’s always 3.14.
 
Giant Size Spider-Man Classics Power & Responsibility Pi
Ben: Followed by massive wall-crawler reading Pride and Prejudice.
 
Giant Size X-Men First Class New Beginnings Pi
Ben: When you’ve got the bigs you always fly up front.
 
House Of M Avengers #2 (Of 5) $2.99
Ben: Expect midnight openings and massive fanfare as the most anticipated mini series ever continues.
 
Howard The Duck #3 (Of 4) $2.99
 
Marvel Advent Hulk TP Vol 01 Misunderstood Monster Digest $6.99
 
Marvel Adventures Spider-Man #34 $2.99
 
Marvel Two-In-One #6 $4.99
Ben: Starring Luke Cage, Hulk and Jenna Jameson.
Kurt: My God, you didn’t.
 
MMW Amazing Spider-Man Vol 9 HC $54.99
 
MMW Amazing Spider-Man Vol 9 HC Var Ed 86 $54.99
 
Ms Marvel #22 $2.99
 
New Excalibur TP Vol 03 Battle For Eternity $24.99
Ben: I hope they at least get bathroom breaks.
 
Omega Unknown #3 (Of 10) $2.99
Ben: Holy sweetness this is cool.
 
Orson Scott Cards Wyrms #6 (Of 6) $2.99
Ben: In this final issue he finally pulls his pants back up.
 
Punisher War Journal Vol 2 Goin Out West Prem HC $24.99
 
Silver Surfer In Thy Name #2 (Of 4) $2.99
 
Silver Surfer Requiem Prem HC $19.99
Ben: Must own.
 
The Order #5 $2.99
 
Twelve #0 $2.99
Ben: Still zero, no matter how many you have.
 
Ultimate X-Men #88 $2.99
 
Ultimates 3 #1 (Of 5) White Var $2.99
Ben: I’m wary of this and new direction Marvel promises to take.
Kurt: Obviously, I’ve been time-traveling, because I think this wasn’t supposed to come out until I was in Depends.
 
Ultimates 3 Gatefold Heroes Var #1 (Of 5) $2.99
Ben: Course, maybe it’ll finish in 5 months instead of 400.
 
Ultimates 3 Gatefold Villains Var #1 (Of 5) $2.99
 
Uncanny X-Men #492 2nd Ptg MC $2.99
 
Uncanny X-Men #493 MC $2.99
 
What If Classic TP Vol 04 $24.99
 
What If X-Men Rise & Fall Of Shi'ar Empire $2.99
 
World War Hulk Aftersmash WWH $3.99
Ben: Who the hell comes up with these stupid names?
 
X-Men Die By The Sword #4 (Of 5) $2.99
Ben: This one’s an epee.
Kurt: I’m still learning foil.
 
Questions? Comments? Let us know what you think at cinescape@mania.com.

More Content By Kurt Amacker
Comicscape: Robert Kirkman Calls You Out
(Wednesday, August 20, 2008)
Comicscape: Waiting for the Trade: What Will Happen to Monthly Comics?
(Wednesday, August 13, 2008)
Comicscape: The Ever-Expanding Comic-Con
(Wednesday, August 6, 2008)
Comicscape: The Dreaded Comic-Con Recap
(Wednesday, July 30, 2008)
Comic Review: ASTONISHING X-MEN #25
(Tuesday, July 29, 2008)
Comicscape: Character Contrast in the Dark Knight
(Wednesday, July 23, 2008)
Comicscape: Delving into Dead Souls
(Wednesday, July 16, 2008)
SECRET INVASION: FRONT LINE #1
(Monday, July 14, 2008)
RUNAWAYS #30
(Sunday, July 13, 2008)
Comicscape: Five Reasons Why Comics Are Better Than Movies
(Wednesday, July 9, 2008)
Comments/Responses
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Merin • Dec 05, 2007, 11:47am •
"I like the feel of a book."

About the only thing I'll personally miss when all things go digital is not having DVD boxes / books on a shelf to display. I like having a book shelf show off my tastes and personality, as well as a shelf of dvds. I like browsing by the lined up spines.

That's it, though.

I dunno if it'll take another generation or even less, but this argument is going to fade into the obscurity of those people who claimed that vinyl sounds better than CDs.

Does anyone still argue for film over digital (pictures or movies)?

When I can hold the Library of Congress in a stick smaller than a pack of chewing gum, I'll gladly give up "the feel" of paper.

If you've never worked at a retail book store, and had to see the sheer waste that comes from the volume of books that get strip covered and dumped in the compactor, then you don't really understand why moving to digital is a GOOD thing.


"The screen hurts my eyes."

If the person saying this watches hours of tv, sits on their computer for hours, or plays video games for hours AND THEN says this, I call hypocrisy.

If the book reader doesn't do any of the above at all, deal.

This stupid argument bothers me about as much as the "I work at a computer all day and the last thing I want to do when I get home is stare at a computer screen again" people who in turn for relaxation watch hours of tv.

If you prefer print over digital, that's your prerogative. I don't really have a preference, personally, other than seeing the numerous benefits that digital provides over paper.

Finally -

Tony Whitt dealt with this topic several years back, and my opinion was stated then. http://www.mania.com/40268.html?action=add_comment

HunterRose • Dec 05, 2007, 11:48am •
I spend about 100-150 dollars a month on comics and even then I can't afford to read all the stuff flooding the racks. Downloading has allowed me to keep up with multiple cross-overs from both DC & Marvel. It also saves me from buying crap (most of Countdown for example). If the big two trim down their monthly offerings, maybe I wouldn't have to look elsewhere to get the whole story. Even if bittorrents went away, I would just stand there at the comic store and read the titles I don't buy FOR FREE. Either way, they aren't getting my money for needless crossover events.

If they think they can get me to spend more by stretching out a story among several titles, they are dead wrong. Nice try. Don't let me get started on mutliple covers....

gauleyboy420 • Dec 05, 2007, 12:32pm •
I'm with Kurt on the issue of paper.
People have 5 count them 5 senses. Printing on paper will never NEVER die. We can't just give up our sense of feeling the book, leafing through it, touching the slickness of the cover. Pulling it close to my face to check out the intricacies of the drawing, holding the page with the anticipation of turning it (because the story is sooo compelling) THEN when I pull it to my face the smell of the comic, takes me back, but it doesn't get me a buzz like ditto sheets from when I was in elementary school;).
Yeah I know a lot of you guys like reading off the screen, BUT MERIN,
I REALLY DON'T WANNA GO HOME AND READ OFF MY COMPUTER, AFTER STARING AT A COMPUTER ALL DAY. Why is that argument so offensive to you. I don't watch hours of TV either. That incandescent glare of the screen makes my head hurt when I tried to read comics on my computer.
The web is good, and if you like reading comics online more power to ya. I'll still be shelling out $80 bucks a month at my local comic store. It's more than just reading the book, It's owning it, having it in my box o comics.
I however could care less about having a DVD box on my shelf. I have books and books of DVD's that take up little space, and I think if you can feel that way about displaying your DVD's You should be able to understand why It's important to a person to have the actual Physical book in their hand while they read it.
Print is not dead (Sorry David Carson, but it's not) Like I said FIVE SENSES we need to nurture them all, Although the digital world is great, we simply will never replace the physical world in which we live. At least I hpe not. I'm a Graphic Designer, and Illustrator, who has (probably) turned down MANY money making opportunities, by NOT doing web design. I focus on PRINT, and I always will. Of course I also do digital art, but my focus is PRINT and keeping it around for as long as possible. I believe BOTH world s can live and thrive off of each other. Theres no need for the EXTREMELY close minded view that there has to be either Print or Digital.
p.s. FUCK THE RIAA, AND THE MPAA

HunterRose • Dec 05, 2007, 02:14pm •
Oh, BTW, Ben you owe me lunch after spitting out half my sandwich after reading your Marvel Two-In-One comment. I think I still have some lettuce stuck in my sinuses.

rexxdart • Dec 05, 2007, 10:04pm •
Merin, I read the article you posted, thank you for that. I was especially moved (sorry if that exaggerates) by the part that mentions the scanner's "love" of comics.

It's true.

The idea that these are a bunch of individuals who loathe the medium and wring their hands in glee at the hopes of tearing it all down are ludicrous. I participate in the community referenced in that story, a community which has recently been rocked by a DMCA takedown uppercut to the noggin (ok, the "rockee" was a more or less renegade offshoot of the original but I consider it all the same community anyway.) I participate for access to the old stuff, the stuff from my youth, most of which I own but prefer a digital copy that is easy to pull up and leaf through.

Now with all that said...the fact is it's stealing. Doesn't matter if the book is a month old or 30 years old, I don't see a distinction. If you don't have the permission to copy and reproduce the work, you shouldn't be doing it. I'm old enough to remember a time when we downloaded mp3s from websites full of just random links. No Napster, no BitTorrent, just basic (poorly laid out) websites with links to song so-and-so. Just because there weren't even a hundredth of the people doing it then as are now doesn't make it any less the truth that we were stealing.

As far as impact to the industry goes, I'm not sure how it can be argued that the scanning of books even a year out doesn't lead to the "well, it will be free in a year so I'll just wait" mentality. Once you're on the cycle so to speak, it's like they're new. I mean c'mon, it's not that hard to stay out of the present where comic storylines are concerned if you really try.

Anyway, I've managed to vacillate between both sides in this rant so I have zero credibility and to be honest, after the nightmare of the early to mid 90s and the way the fans were pimp slapped repeatedly by the comic industry, I can't say I feel all that sympathetic for them, karma's a bitch.

But it's a great discussion about a great art form, keep it going....

Merin • Dec 05, 2007, 10:20pm •
Almost all DVD movies released, all video games, all hardcover paperback novels, all movies shown in high-priced movie theaters -

will be in bargain bins in 1-2 years time. Or be in cheaper paperback format for books. Whatever. If it was ALL about paying as little as possible, no hardcovers would ever sell and no one would buy video games right when they come out and the movie theaters would be empty.

There are plenty of people who, for whatever reason, pay more to get it as soon as possible.

Something being "free" awhile down the road doesn't mean much to most consumers who are buying the product right away.

Also -

I'm sorry, but my concept of the "stealing" is to take something away from someone in a way that they lose it. So even "stealing an idea" is stealing as if you take credit/profit for another's idea, they lose that credit/profit.
Copying a movie and giving it to a friend may well be illegal, but it isn't stealing in my book. It may be wrong to you or to the courts or whomever, but it still isn't stealing to me. Any more than someone is stealing when they borrow a book or movie or whatever from a friend.

gauleyboy420 • Dec 06, 2007, 01:14am •
I agree with your stance on the stealing issue, Merin. Is giving my copy of X-men to another to read stealing from the company? It's CALLED SHARING. The companies (record, movie, comic) aren't losing $$$ to pirates. We'll all be in the seats at a theater when a movie opens, and a small fraction will download it for free, as People downloading a comic, that I will be in line to buy next week. OH YEAh and we'll alll pay WAAAAY too much for these products.
I'll still never go for digital comics don't like em. Want mine on paper.

nax37 • Dec 06, 2007, 10:40am •
Sharing a comic book with a friend and downloading a digital copy are not the same thing. They're not even close. The only reason to claim they are is to try and convince yourself that illegally downloading copyright material is ok.


Merin • Dec 06, 2007, 11:04am •
The comparison is made, nax37, because what the distribution industry (RIAA, MPAA) are saying is that you getting to VIEW that media without paying is the illegal part.
Sharing a copy with a friend (whether you hand that copy over or send a digital copy) has the same end result - your friend gets to experience that media WITHOUT the distributor getting money for it.

Copyright laws were created to protect the creators of products AND the consumers of products from BUSINESSES exploiting both. Do a little historical research on Copyright laws prior to the 70's, when everything started changing legislatively to Copyright laws protecting businesses rights to make a profit off material.

I'm against money changing hands for copies. I'm against people profiting in any way from selling property that isn't theirs. This includes Microsoft giving away "free" Internet Explorer embedded in Windows as to destroy Netscape's competitiveness.

If someone were making millions of copies of CDs or books or movies and distributing them for free with the intent of destroying the market for a distributor, then I'm all for that someone being fined and made to stop.

People online sharing their music collections or scanned comics? Sorry, there's an illegal war going on, @50 million uninsured Americans, rampant homelessness, and environmental crisis, and staggering poverty worldwide. It sickens me that people get so worked up over file sharing.

It's illegal to drive over the speed limit, or have oral sex in some states. Breaking both of those laws bothers me not at all. This is not a non-sequitor, they are examples of "illegal activity" that is by no means immoral. Illegal != Immoral. Illegal != Evil. Illegal = Against the Law.
Laws exist for an ordered society, and an ordered society exists to protect the people of that society.
Laws should not exist to allow a privileged group (wealthy corporations) to exploit those less privileged (struggling creators, consumers.)
This is also neither a non-sequitor nor a red-herring. My point is that the big media campaigns (read: propaganda) by the RIAA and MPAA is not to protect the rights of creators nor consumers (why Copyright laws were initially created), for if they WERE concerned about that they wouldn't be trying to screw the Writers out of their pay for their work being used digitally (say, can you say HYPOCRISY? sure you can) - these are the same people who wanted to DIVX to be a way to make sure that NO ONE OWNED a copy of a movie or music, but that they had to "pay to play" every time you wanted to view said media.

The bottom line is about intent.
Most file-sharers are not trying to rip off creators, they are sampling. Most file-sharers (this is anectdotal, but my experience and research) purchase what they like and support and do not keep what they do not like.
The industries like the MPAA and RIAA are not concerned one iota about "creator's rights" or any such smoke-screen (Writer's Strike, again, a VIVID depiction of this) - they are concerned with making money EVERY TIME ANYONE VIEWS THE MEDIA, period. Boiled down = they care about bigger profit margins.

Intent, people.

lister • Dec 06, 2007, 03:53pm •
Sharing your physical comic book and your electronic version are just not the same thing. In general terms, copyright controls the replication and distribution of materials. By sharing your physical comic book with another person, you are not replicating it.

But giving them an electronic version of your comic book (either scanned or purchased online) entails your making a second electronic version of the book. It's no different than making a Xerox-ed version of a comic and handing it out (which equates to publishing it without permission).

(I will avoid special circumstances in this example such as purchasing an electronic comic, putting it on a flash drive and temporarily loading it from that device on a friend's computer for them to read... we are talking about the bigger picture here)

So while the end result may be the same (i.e. your friend reads the book for free), the difference is that one is a violation of copyright law and the other is not.

And Merin, I am not sure I buy that argument about "intent". If my goal is to take something to which I do not have legal rights, that is breaking the law... regardless of whether my goal is to hurt a wealthy corporate owner or if I am blindly hindering a mom-n-pop shop owner. Not every publisher is a hegemonic powerhouse.

As for DIVX, that is a perfectly sound vehicle for content distribution. It didn't survive because the market did not like that system. It might have worked if they offered dramatically lower prices than the sale of a DVD. But with Red Box $1 rentals that give the same sort of temporary access, I don't think they would have been able to lower their price to a point where the consumer would have found value in their offering.

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