
Pirate needs 200k video views to avoid being sued - SimplyUseless
http://www.bbc.co.uk/news/technology-34932628
======
pascalmemories
A classic example of organizations (BSA, Microsoft etc.) not understanding the
internet and thinking this was going to deter others.

Lots of online comment (and views of the video[1]) are supportive of the guy
and are viewing to remove the threat of him being financially ruined (it's
almost at the 200,000 as I type).

MS just come across as intentional bullies and thugs (I'm paraphrasing
comments made elsewhere rather than stating an opinion) and that's probably
way more damaging to them than any of their make believe financial damages
ever could be.

The BSA have a long track record of trying to game search engines and cause
reputational damage to those they sue but I expect, in the long run, the
'pirate' will have more harm caused by long forgotten facebook postings than
by the BSA. The world has moved on and the BSA have failed to even notice
they've been left behind.

I'm tucking this one away as an example for the times I need to give examples
of brain-dead stupid stuff that people who don't understand the internet, do,
thinking they're being super clever and showing their super skills/exacting
revenge etc.

[1]
[https://www.youtube.com/watch?v=CKjPutIlBCA](https://www.youtube.com/watch?v=CKjPutIlBCA)

[edit:spelling]

~~~
anon4
The thing is, the general public will never see sharing of media as a criminal
act. The only difference to a normal person between lending a book and letting
someone copy a movie is that you both can watch it at the same time.

To most copyright is just some made-up bullshit for the purpose of squeezing
money from honest people.

~~~
forrestthewoods
Most people are pretty dumb so what most people think isn't relevant.

Example: Donald Trump's popularity.

~~~
Spivak
This point is idiotic. If the people who don't think that media sharing is a
crime actually organized it would cease to be a crime.

Law is written by a privileged few but is enacted by the everyday people who
choose whether to obey and enforce it based on their conscience and
incentives.

~~~
forrestthewoods
Copyright is a great idea. The majority can think whatever they want and be
wrong.

Laws aren't enforced by everyday people. They're enforced by, wait for it, law
enforcement agencies.

We, the United States, live in a republic. If the majority of people think
something it doesn't actually matter. The great thing about a republic is
everyday Joe doesn't write the law. Nor should he. Because Joe isn't very
smart.

~~~
ionised
I don't think you understand how human nature works, or how it affects dumb
laws over the course of time.

~~~
forrestthewoods
So copyright is a bad idea because... human nature? I hope you aren't also a
fan of GPL.

The root of this isn't that copyright is a good idea that's been spoiled by
human nature. The root implies that copyright itself is fundamentally baD. An
opinion that I respectfully disagree as strongly as can be.

------
vitro
Hi, I'm from the same country as the guy - Czech Republic.

I really don't know if to punish people by such a humiliation is a good way to
go. That movie is going to be played like one of those short movies you play
in the theatre before the main movie. Soon, everybody here will know the man,
imagine being him and walking on the street..

And because of the history of the BSA, the company that sue the guy, you
cannot be sure, if this video is not just some promotion of the BSA itself,
which, by the way, does not have a legal status in the Czech Republic.
Company's scandals and campaigns (if your neighbour uses illegal software,
tell us and we give you 100 000 CZK [approx. 4 000 EUR] ) in past give whole
thing a kind of stinky feeling..

~~~
megous
If this is a BSA campaign, just looking at the youtube comments, it's kind of
stupid, because people are supporting the guy as a result and speaking badly
about BSA.

------
Spivak
This situation is absolutely abhorrent and a disgusting brutish display of
power on behalf of the studios. This is the civil equivalent of shooting a gun
at someone's feet and yelling, "dance monkey dance." This is not about
justice, this is about humiliation and is a complete perversion of everything
a justice system should stand for.

> Instead, the companies said they would be happy to receive only a _small
> payment_ and his _co-operation_ in the production of the video.

This is literally the line the villain in movie is supposed to say.

------
calgoo
I hope its not as stupid as that "You would not steal a car" one... I would
steal a car if i could copy my friends BMW with the press of a button without
having any material costs. :)

~~~
biot
"You wouldn't use the photocopier in the public library..."

~~~
Spivak
"You wouldn't teach someone a recipe you learned from a book."

~~~
jacquesm
You wouldn't retell a story someone told you. (Unless, of course you're
Disney, then you change a couple of names and slap a copyright sign on it.)

------
josephhh
It's like the "you wouldn't steal a helmet" from IT CROWD -
[https://www.youtube.com/watch?v=YYOlNRYikBw](https://www.youtube.com/watch?v=YYOlNRYikBw)
\- but supposedly for real.

According to local media, it's facts cooking by BSA/Microsoft, there was no
alternative punishment (on the contrary - the court said that Microsoft
"damages" are bullshit, as well as a supreme court in a similar case before)
etc.

[https://translate.google.com/translate?sl=auto&tl=en&js=y&pr...](https://translate.google.com/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Ftechnet.idnes.cz%2Fbsa-
jakub-f-alternativni-trest-
deh-%2Ftec_technika.aspx%3Fc%3DA151123_141357_tec_technika_vse&edit-text=)

[https://translate.google.com/translate?sl=auto&tl=en&js=y&pr...](https://translate.google.com/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fwww.lupa.cz%2Fclanky%2Fbsa-
vymyslela-moderni-pranyr-pro-pirata-a-tradicne-manipuluje-fakty%2F&edit-text=)

The video went viral (200k in 2-3 days), but probably not in the way BSA /
Microsoft meant it.

------
jimrandomh
There is a conversation to be had about piracy, the role of copyright and of
commercial software. But forced speech is not honest speech, and allowing this
sort of thing is bad for intellectual integrity. Let the BSA produce their own
videos under their own name.

~~~
anon4
The cherry on top would have been if he were to make the sign for "speech
under duress" or however it was called in the video.

~~~
shard
You mean like blink the Morse code for "torture" like what Jeremiah Denton
did? That would be classic.

------
sheraz
Reminds me of that TV show called Black mirror [1]. Such and odd sentence that
I think this is life imitating art.

[1] - [http://m.imdb.com/title/tt2085059/](http://m.imdb.com/title/tt2085059/)

------
gnodar
> But the Business Software Alliance (BSA), which represented Microsoft,
> acknowledged that Jakub could not pay that sum.

If he were to put in reasonable effort into gaining the requisite number of
views, and were to fall short of the goal, couldn't the same argument be made
that acquiring 200,000 video views is not within his capabilities?

~~~
codingdave
Argue whatever you want - it is out of the courts at this point. It is purely
a civil matter between him and the companies. The article specifically stated
that the number was thrown out there to give him the incentive to cooperate.

So there is no guarantee they would sue if he fails, no guarantee they would
win if they sued, and they already admit he cannot pay even if they do sue and
win.

------
Mordekai
I never understood how the companies expect these films to work in the long
run. Essentially, they eagerly portray themselves (and the legal system they
control) as a dark, Nazi-like totalitarian force with lowly filesharers being
the persecuted underclass. I'm sure fear is the message, but doesn't it hurt
them more in the long run? Who would willingly buy products from this regime?

~~~
zanny
Considering Disney is at the helm of the copyright disaster train and are
producing more blockbuster films each year than in their entire history (and
now they have Star Wars coming out next month) I would say a _lot_ of people
don't give a shit about cultural ethics when it competes with the availability
of John Williams scores.

The copyright mafia is also the gatekeepers on the consumer media empire. And
those at the top are well lead to believe that copyright is meant to serve
them, to make their business powerful and enforce their control of discourse
and culture through it.

I mean, this case was about Microsoft. There have been dozens of documented
incidents of Microsoft exploiting its power and law to their benefit over
consumers, to crush competition, maintain and abuse monopoly, and manipulate
discourse in their favor. Yet Windows remains king of the desktop, because
there is no grassroots movement with any momentum to pressure OEM pc vendors
that sell hardware in store to adopt _anything_ else, and because Microsoft
has successfully made a market of apathetic and inert users who do not
understand the tools they use enough to see how they are being taken advantage
of.

And that is billions of people. Those aren't the kind of folk to stop using
Office or Outlook or Windows because of ethics. Same reason people flock in
droves to Wal-Mart, Koch Industries, John Deere, BP and Exxon Mobil - ethics
take a back seat to convenience and price, and we suffer in the long run by
giving our agitators all the assets they need to get what they want
_willingly_.

~~~
Udo
The grandparent wasn't asserting media conglomerates are actually failing in
any way that matters. Still, the question about the validity of these scare-o-
mercials remains. Somewhere deep in these corporations there are obviously
people who think " _yeah, let 's portray ourselves as the evil empire, sounds
good to me!_".

Doesn't that raise questions about the target audience, or at least about the
perception of what the target audience looks like? When I choose to make a
commercial that portrays my company in the most sinister way possible, on
purpose, I have to weigh the image loss from that against the effectiveness of
the scare.

 _> Yet Windows remains king of the desktop, because there is no grassroots
movement with any momentum to pressure OEM pc vendors that sell hardware in
store to adopt anything else_

I'm not sure that's true anymore. It certainly was, in the past. I'm
personally not a Windows user, but it seems to me that the foothold Windows
has in different user groups is absolutely monumental, so churning out
hardware with anything else pre-installed would encounter stiff resistance
from the consumer side. That same loyalty does not exist for entertainment
companies.

------
hyperpape
I know that local authorities are not the same as the European Union, but it's
amazing that you have this punishment in an area that subscribes to the Right
to Be Forgotten. I don't think there's any way to square that circle.

~~~
germanier
This is a settlement out of court – a contract. He signed it by his own choice
and it could have happened everywhere in the world.

~~~
hyperpape
Ah, of course.

------
buzzdenver
_The man, named only as Jakub F_

That's the 21st century version of Joseph K

~~~
dogma1138
This is indeed very kafkaesque to the point where this can be just a "viral"
campaign gone really badly....

------
Tossrock
Nice to see we've brought back the stocks and pillory as a valid form of
punishment.

------
astazangasta
Doesn't Microsoft now distribute Windows images for free? I've definitely
downloaded disk images off their web site and plugged in my windows license
key. What's the exact nature of the crime, here?

Also, who exactly owns a license key? Is there a secondary market where I can
sell my key to a third party? Because I have a buttload of Linux laptops with
useless Windows license keys stickers on the side, and I'd sure like to be
able to exchange them for value.

~~~
striking
Those keys are locked to that hardware (to a certain degree). It's a little
more work than sharing 25 alphanumeric characters with someone else.

~~~
mynameisvlad
I'm an employee but outside of the Windows org so this is all me.
/corporatedisclaimer

Is this true? I thought it was just a standard OEM key. The license wouldn't
let you install it legally except on an OEM system, but I don't think there's
checks in place in the installer to ensure it.

On newer computers there isn't a sticker at all since the license is stored on
the hardware and pulled by the installer automatically.

~~~
ultramancool
Those keys used for Win7 used to be locked to a specific hardware vendor and
could be used on any other machine from that hardware vendor (given same
edition of Windows). This was done by special tables inserted in the BIOS, so
to crack it you could actually patch your BIOS to emulate any vendor or use a
bootloader which would emulate this. Only vendor-specific key + the table in
the bios = unlocked Windows when using these keys.

I hear they've changed it on newer ones and pirates have switched almost
entirely to KMS activation server emulation, so I assume something's different
in Win8+.

~~~
rasz_pl
Microsoft switched to online activation after EU court decided used software
can be RESOLD. This means you can buy broken laptop for $10 from recycling
center, and legally own license for a system that was installed on it.

UsedSoft vs Oracle (2012)

------
SimplyUseless
Excerpt from the article

> The firms, which included Microsoft, HBO Europe, Sony Music and Twentieth
> Century Fox, estimated that the financial damage amounted to thousands of
> pounds, with Microsoft alone valuing its losses at 5.7m Czech Crowns
> (£148,000).

> But the Business Software Alliance (BSA), which represented Microsoft,
> acknowledged that Jakub could not pay that sum.

In addition to the financial settlement, the 30-year-old was also given a
three-year suspended sentence.

------
andreyf
Surprisingly effective piece of work, even without understanding the language:
[https://www.youtube.com/watch?v=CKjPutIlBCA](https://www.youtube.com/watch?v=CKjPutIlBCA)

------
ris
I suspect this is an entirely made-up PR campaign from the BSA.

~~~
rasz_pl
Very well could be.

MS did something similar in Poland two weeks ago:

[https://www.youtube.com/watch?v=IpoPrPWMRT8](https://www.youtube.com/watch?v=IpoPrPWMRT8)

This is a Polish Microsoft anti piracy campaign equalling everyone who calls
himself a Hacker to ISIS terrorist and pedophile :/ Thats right, they uploaded
YT clips showing "hackers" in balaclavas collecting child porn.

------
a3n
I wonder how many people are going to leave a tab open to that video and play
it over and over with the sound down, as they go about their other browsing?

~~~
ionised
A lot of people, from what I have been seeing.

They are doing it numerous times and generating new IP addresses each time.

------
kazinator
The sentence is based on the assumption that the fellow isn't a "real" pirate.

But, ironically, one way to pass the requirement is to turn to cyber-
criminals: hire a botnet to generate the bulk of the 200K views.

~~~
profeta
ha! that is the only sane explanation that does not assume everyone is a
moron: the lawyers are entrapping him!

------
TactiFail
I've always been a fan of alternative forms of punishment. A guy in my
highschool got caught slipping envelopes containing glitter into lockers.
Innocent enough prank, but some parents freaked out as this was post-9/11\.
Instead of suspension, he was told he needed to hand-write a page-long apology
to each affected student, and would be denied field trips and the non-
mandatory assemblies until it was done. It was around 70 letters he had to
write, it only took him a few weeks, and the point was made.

------
ionised
I've already witnessed people on forums claiming they have been watching the
video numerous times, leaving the video running with their speakers off and
generating a new IP each time.

I really don't think this is going to have the effect they (the copyright
holders and court) intended, and that's a good thing.

------
charlysisto
I guess this is the modern equivalent of being whipped by shame on each view.
With a sort of promotional after thought - where economy substitutes law. Mmmm
It doesn't seem the DNA of this method will survive longer than a few sarcasms
and a 'shame on you' backlash

------
bouvin
Well, that didn’t take long. 212k views at the moment.

------
mckoss
[https://www.flickr.com/photos/scriptingnews/3116706556](https://www.flickr.com/photos/scriptingnews/3116706556)

------
josephhh
[https://translate.google.com/translate?sl=auto&tl=en&js=y&pr...](https://translate.google.com/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Ftechnet.idnes.cz%2Fbsa-
jakub-f-alternativni-trest-
deh-%2Ftec_technika.aspx%3Fc%3DA151123_141357_tec_technika_vse&edit-text=)

------
rando289
Always thought it was funny how most new msft employees, especially college
grads, spent years pirating windows and pirating it for their friends and
family. Instead of being pushed, they are rewarded with a nice paycheck, and
given thousands of dollars worth of ms software per year for themselves and
their families for free.

------
ddingus
Doing my part.

This, IMHO, is a very reasonable and workable solution to infringement.

I very strongly dislike the implied "lost sale" as damages argument, largely
because the money "implied" simply isn't there on the scale referenced by the
major content producers and distributors.

People, by and large, have fixed entertainment dollars. And they spend them,
and the forms of entertainment compete. If, suddenly, there were no
infringement, people would max out those dollars, maybe adding a few here and
there.. But the billions simply aren't there.

The product of that would be much higher competition for entertainment, people
choosing to consume less entertainment, and or choosing to self-entertain with
more basic, human means.

When the little guy wants to get known in that environment, what do you think
is going to happen?

They will give it away to a hungry audience, that's what will happen.

And that too is a reason for my strong dislike for the high financial
penalties. Infringement isn't theft. The rights owner still has everything,
and loses nothing. In fact, they still have the opportunity, potentially
improved by the infringing act, to sell to the infringer, right along with
everyone else, and in particular, who that infringer may recommend to, or
share about.

I'm not saying it's right. It's not. I am saying a much more rational and real
conversation needs to happen about these things. The equation to theft is
actually doing us a lot of harm, due to bad discussions lead to bad law, and
bad law leads to a state where it's not respected, etc... and that is where we
are today.

Law that doesn't take into account the realities and dynamics won't be
effective. It almost never is. And that discord drives people to reject it and
ignore it, circumvent it...

Anyway, this is good! What it does do is improve on norms, and as Lessig tells
us, regulation happens via law, physics, norms, money or markets.

Requiring people to demonstrate or help to improve on social norms can do a
lot of good here, and it's time and energy better spent, IMHO.

I see jimrandomh talking about forced speech. Well, this kind of thing does
further the conversation, and we all know the source of the speech and why
it's happening. There is no need to be dishonest about any of it, and where we
aren't, the better dialogs can happen.

I prefer this to bankrupting people.

------
mortenlarsen
To my mind this is equivalent of blackmail. He may be better off with this
solution, but I still think it is nothing short of blackmail.

I think this because of the imbalance of power. What he can expect to earn in
a lifetime is a drop on the ocean for them.

------
lordnacho
Well he'll surely get those hits now that the BBC has picked it up?

~~~
Kequc
Next guy might not be so lucky.

~~~
ddingus
Maybe. Then again, this is a reasonable path that leaves everyone largely
intact and able to continue in life.

Someone saddled with an impossible to pay sum may not continue in the same
way, and who knows what we may have lost for doing that?

------
joesmo
I watched it just to help. Almost 300k views now. Piracy is a right, not a
crime and something that is positive for the world, esp. software piracy, IMO.

------
williswee
gotta help this guy!

------
rhaps0dy
Congratulations on the 200k views!

------
mpitt
One of the few movies where a hacker uses Windows.

~~~
SimplyUseless
I don't think, he is a hacker. People with poor technology skills also pirate
whereas becoming a hacker, it is expected to have a decent amount of
technology knowledge and skill-set.

