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(Some Guy) Interesting 12 things you do nearly every day that make you a cyber criminal   (thepost.ie) divider line 154
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dahmers love zombie [TotalFark] 2008-11-15 11:36:51 PM  
Jeez, they've got me dead to rights even without the kitty pr0n.

 
cksewell [TotalFark] 2008-11-16 12:28:38 AM  
13. Submitting links to Fark

 
AirForceVet [TotalFark] 2008-11-16 12:36:01 AM  
FTA: 4. Bringing a TV with you on holidays.

In Ireland & the UK, yes. But not in the good, old USA, unless you steal the cable box too.

 
borg [TotalFark] 2008-11-16 12:43:15 AM  
This list is 12 things that are illegal in Canaduh not the United States.

 
DaCricket [TotalFark] 2008-11-16 12:52:18 AM  
borg: This list is 12 things that are illegal in Canaduh Ireland not the United States.

 
mr_larry [recently expired TotalFark] 2008-11-16 01:14:57 AM  
DaCricket: borg: This list is 12 things that are illegal in Canaduh Ireland not the United States.

Most of those are perfectly legal in the US.

 
ecmoRandomNumbers [TotalFark] 2008-11-16 01:19:35 AM  
Is the STUPID tag on holiday in Mallorca?

*Crosses Ireland off potential places to live when we hit the Great Depression II: Coal-Powered Boogaloo*

 
propasaurus [TotalFark] 2008-11-16 01:26:34 AM  
When did I become Irish?

 
nacker 2008-11-16 02:02:40 AM  
Woah... lets take a trip back to the dark ages.

 
LordOfThePings [TotalFark] 2008-11-16 02:18:46 AM  
nacker: Woah... lets take a trip back to the dark ages.

OK, but don't forget to bring your iPod.

 
LordPistachio 2008-11-16 03:29:14 AM  
I didn't know I lived in Ireland.

 
bobbette [TotalFark] 2008-11-16 03:46:50 AM  
So downloading 50 gigs a day of Hollywood and reality TV, packaging and selling fake Kung Fu Panda DVDs at the flea market, running a couple Nigerian email scams and spamming you all with "Peenzor you up now hard pole! v1agr@ from Mexico!" emails is still cool? Sweet!

I'll get that mobile TV of mine out of my "caravan" ASAP, though. As soon as I can figure out which camel Ahmed's packed it on. If Allah blesses us we should be through Persia by mid-March.

 
Churchill2004 [TotalFark] 2008-11-16 04:40:32 AM  
I honestly don't understand how people put up with a "TV license".

 
Gussie Fink-Nottle 2008-11-16 04:41:34 AM  
Down with this sort of thing.

/ Careful now!

 
thetoucher 2008-11-16 04:42:04 AM  
mr_larry: DaCricket: borg: This list is 12 things that are illegal in Canaduh Ireland not the United States.

Most of those are perfectly legal in the US.


are you sure the cd one sounds like the RIAA?

 
Britney Spear's Speculum 2008-11-16 04:43:16 AM  
13. Not drinking yourself into a stupor.

Ireland, right?

 
mikaloyd 2008-11-16 04:44:09 AM  
The article is about Ireland.
It was already common knowledge that the Irish are all criminals.

 
some_beer_drinker 2008-11-16 04:44:36 AM  
i'm not yet drunk enough to be irish.

/i can fix that...

 
maidtina 2008-11-16 04:47:32 AM  
AirForceVet

In the UK you are allowed to take a portable television elsewhere legally, the TV licence has clauses to allow it as long as it is short term.

I'm not sure if the Irish TV licence pays for as many neat radio and TV shows as we get in the UK though ;)

 
lordargent 2008-11-16 04:47:35 AM  
thetoucher: are you sure the cd one sounds like the RIAA?

Ripping a CD is legal due to fair use laws. I don't think it runs afoul of the DMCA either since they're not encrypted like DVDs are.

/caveat, some CDs are encrypted now, encrypted to the point where they won't even work in a fair number of CD players.

 
Britney Spear's Speculum 2008-11-16 04:48:58 AM  
thetoucher: are you sure the cd one sounds like the RIAA?

It's legal if you own the CD because essentially, you are making a back-up. Back-ups of movies, games and music you own are kosher. But if you file-share it, then it's illegal. Also, I think just simply decrypting the CD;s copywrite protection is something they can get you for. I'm not sure. My answers sound contradictory. Anyone know for sure?

 
jekxrb [TotalFark] 2008-11-16 04:55:18 AM  
DaCricket: borg: This list is 12 things that are illegal in Canaduh Ireland not the United States.

Canada's toying with the notion of having border guards patrol laptops and iPods. Because the lineups at the borders aren't long enough, they now want to haul everyone in with electronics and ask them where they got their copy of Sexyback. It really pisses me off; if I want to put a copy of MY cds on my iPod for PERSONAL use, I should be able to do that.

 
Richard Saunders 2008-11-16 04:56:42 AM  
Eleven things I don't think I've ever done. Probably never will either.

(takimg pictures in a public place = illegal??? WTF, Ireland???)

 
Wasted Pixels 2008-11-16 04:59:02 AM  
Britney Spear's Speculum: thetoucher: are you sure the cd one sounds like the RIAA?

It's legal if you own the CD because essentially, you are making a back-up. Back-ups of movies, games and music you own are kosher. But if you file-share it, then it's illegal. Also, I think just simply decrypting the CD;s copywrite protection is something they can get you for. I'm not sure. My answers sound contradictory. Anyone know for sure?


Fair use doesn't say anything at all about backing up media other than software, period, fullstop. The assumption that backup copies and format shifting (that is, converting your media from, say, CD to MP3) are fair use is -- at best -- a HUGE stretch.

 
Ringthane [TotalFark] 2008-11-16 05:01:10 AM  
Churchill2004: I honestly don't understand how people put up with a "TV license".

They need the money over there to fight all that "knife crime" they have...

 
jqp364 2008-11-16 05:05:01 AM  
A lot of these "laws" are, if not unique to Ireland, at least different than they are in the United States.

For example, #2: posting images on Flickr. In the US, the example given would not be illegal. You do not need permission to take, or publish, pictures who are cavorting about in public.

Similarly #3, in regard to ticket scalping. That is legal in some US states, illegal in others.

In fact, most of the things listed in the article would not be illegal in the United States. Nor should they be.

 
pdkl95 2008-11-16 05:05:09 AM  
lordargent: Ripping a CD is legal due to fair use laws. I don't think it runs afoul of the DMCA either since they're not encrypted like DVDs are.

Ripping for yourself is perfectly legal. The DMCA comes into play if you tell someone else how to do it, and there's any sort of "protection" on it. Fortunately, CDs generally do not have any of that, so the anti-circumvention clauses of the DMCA don't apply. The RIAA would love to sue people in any case, though, so just because something is legal, that doesn't mean they can't make your life hell over it.

/caveat, some CDs are encrypted now, encrypted to the point where they won't even work in a fair number of CD players.

No audio CDs are encrypted. The Redbook standard (raw CD audio) is just dumps of PCM samples, and no processing whatsoever is done on the player. Most players don't have the processing power.

They "protect" some audio disks (the are NOT a "CD" at that point, as this breaks Redbook, and Phillips won't licence the "CD Audio" logo for it) by injecting broken data. Common targets are 2nd-session table-of-contents lists that break the track list, and bad checksums that cause computer drives to try and "fix" the sound, introducing nasty pops. Only recent players that act more like a computer fall for those.

Of course, it's all useless anyway as any decent ripping software knows about these tricks and just works around them. *sigh*

 
Coyote65 [TotalFark] 2008-11-16 05:05:50 AM  
I call that 12 useless facts about Irish law that will never effect 99.9997% of the world's population.

It says right in most of them that the Irish couldn't be bothered. And i don't see why they should be.

 
mikaloyd 2008-11-16 05:06:37 AM  
Ringthane: Churchill2004: I honestly don't understand how people put up with a "TV license".

They need the money over there to fight all that "knife crime" they have...


There is still a TV tax in Arkansas I think. At least there was one during the Clinton regime and taxes seldom get repealed.

 
Doc Batarang 2008-11-16 05:11:31 AM  
borg: This list is 12 things that are illegal in Canaduh not the United States.

Even it weren't Ireland, we're far and away more lax about these things than you guys are.

Your Banana Acquisition form is emphatically denied. Please re-submit in 6 to 8 weeks.

 
No One Likes a Know-It-All 2008-11-16 05:11:58 AM  
Wasted Pixels: Britney Spear's Speculum: thetoucher: are you sure the cd one sounds like the RIAA?

It's legal if you own the CD because essentially, you are making a back-up. Back-ups of movies, games and music you own are kosher. But if you file-share it, then it's illegal. Also, I think just simply decrypting the CD;s copywrite protection is something they can get you for. I'm not sure. My answers sound contradictory. Anyone know for sure?

Fair use doesn't say anything at all about backing up media other than software, period, fullstop. The assumption that backup copies and format shifting (that is, converting your media from, say, CD to MP3) are fair use is -- at best -- a HUGE stretch.


A big 'ol THIS. Fair Use was intended to promote the creation of derivative works in untapped markets that are beneficial to society, not promote duplication for private use.

 
pdkl95 2008-11-16 05:24:06 AM  
Wasted Pixels: The assumption that backup copies and format shifting (that is, converting your media from, say, CD to MP3) are fair use is -- at best -- a HUGE stretch.

Back in the VCR and Audio Tape days, the concept of "time shifting" recordings was established pretty well as an example of Fair Use. It's not unreasonable to extend that to include format-shifting as well, as a new publication is not being made. The fact that the DMCA has explicit allowances for "compatibility" tends to support this view as well.

The problem, unfortunately, is that "Fair Use" is not a law or right which is well defined - it's a defense. You have to be sued before it's relevant. In practice, there are lots of things that have never been exactly tested in court before, but are similar and still count as fair use. It probably comes down to how well it's all argued in front of the judge.

No One Likes a Know-It-All: Fair Use was intended to promote the creation of derivative works in untapped markets that are beneficial to society, not promote duplication for private use.

Really? Where do you get that idea? The guidelines given by the government don't say anything about "untapped markets" or "benefit to society" or "derivative works". It's all pretty vague, as far as actual legal wording and intention goes.

 
bingethinker [TotalFark] 2008-11-16 05:25:56 AM  
How does doing Subby's mom make me a cyber criminal?

 
fataldemon 2008-11-16 05:36:50 AM  
i don't like TV it was invented and is ran by Satan.

evil twisted and cruel.

 
Gussie Fink-Nottle 2008-11-16 05:37:19 AM  
bingethinker: How does doing Subby's mom make me a cyber criminal?

It's criminal that you skip remedial reading classes to be with subby's mom.

 
Dadx6 2008-11-16 05:39:26 AM  
the only thing they've got me on is downloading music to my computer from my CD's. And I haven't done that in something like a year.

So HAH! the rest of you can rot in jail for all **I** care.

 
i8dbbq 2008-11-16 05:45:54 AM  
Churchill2004: I honestly don't understand how people put up with a "TV license".


I felt the same way when I came here. Now, I am sorta glad. No commercials is no commercials. Wait, you have to pay for your Comwarnerdishdirec HBO I think, or has the Fascism gone farther in the US than I remember.

/How's that XM radio working for you?

 
No One Likes a Know-It-All 2008-11-16 05:48:01 AM  
pdkl95: No One Likes a Know-It-All: Fair Use was intended to promote the creation of derivative works in untapped markets that are beneficial to society, not promote duplication for private use.

Really? Where do you get that idea? The guidelines given by the government don't say anything about "untapped markets" or "benefit to society" or "derivative works". It's all pretty vague, as far as actual legal wording and intention goes.


The Copyright Office's "guidelines" are a simplified explanation of a complex legal doctrine. I derive my own statement from, among others, the statute and the legislative history of the statute. The preamble of 17 USC §107 (pops) says:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

While the list given is not exhaustive, one might well note that all of the listed uses are derivative, rather than duplicative. Secondly, the congressional report (pops) that accompanied the Copyright Act of 1976 (which codified the then-judicially created doctrine of fair use) says:

The statement of the fair use doctrine in section 107 offers some guidance to users in determining when the principles of the doctrine apply. However, the endless variety of situations and combinations of circumstances that can rise in particular cases precludes the formulation of exact rules in the statute. The bill endorses the purpose and general scope of the judicial doctrine of fair use, but there is no disposition to freeze the doctrine in the statute, especially during a period of rapid technological change. Beyond a very broad statutory explanation of what fair use is and some of the criteria applicable to it, the courts must be free to adapt the doctrine to particular situations on a case-by-case basis. Section 107 is intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any way.

Emphasis added by me. This report confirms that Congress intended §107 to be an endorsement of the existing judicial doctrine, not a replacement. The original judicial doctrine was developed to promote useful derivative works that didn't compete with the original work.

And yes, I know that neither quote contains the words "derivative" or "untapped market" or "benefit to society." You'll just have to take my word for it that Fair Use, as a doctrine, is derived from the Utilitarian underpinnings of U.S. copyright law.

 
No One Likes a Know-It-All 2008-11-16 05:50:43 AM  
No One Likes a Know-It-All: While the list given is not exhaustive, one might well note that all of the listed uses are derivative, rather than duplicative.

Oops! Except, of course, for the "multiple copies for classroom use).

 
justoneznot 2008-11-16 05:55:02 AM  
Don't worry, though, as the music industry has a solution to this problem - buy all your CD music again online.

hahahahaha that's a good one

 
Churchill2004 [TotalFark] 2008-11-16 06:01:16 AM  
i8dbbq: I felt the same way when I came here. Now, I am sorta glad. No commercials is no commercials. Wait, you have to pay for your Comwarnerdishdirec HBO I think, or has the Fascism gone farther in the US than I remember.

What? I'd much rather sign up for a voluntary satellite or digital cable package then have to get a license from the government to own a TV, enforced by the government keeping a database of every house that can legally own a TV and then sending these bizzare, quasi-private employees around to actually check the other houses for a TV. It's a bizzare, legally enforced protection racket.

What's so unfortunate about is that the BBC still produces fine quality television, because it still has no other way to measure success than by ratings, meaning that creative destruction and consumer choice are still at work in deciding content. Everything they do is perfectly commercially viable, as evidenced by the fact that they sell it for profit in other markets. So there's no need for the thuggish revenue system.

 
Wasted Pixels 2008-11-16 06:07:31 AM  
pdkl95: Back in the VCR and Audio Tape days, the concept of "time shifting" recordings was established pretty well as an example of Fair Use. It's not unreasonable to extend that to include format-shifting as well, as a new publication is not being made.

That's where the stretch comes in. You're essentially taking a very narrow ruling (Sony v. Universal) that said "it might be fair use to record a broadcast and play it back later" and leaping from that to "it's absolutely fair use to make a copy of anything you own for any personal use".

In fact, the idea of backups as fair use was tested in court pretty recently, and UMG v. MP3.com made it pretty clear that "space shifting" (converting media from one format to another) is not fair use under current law. "Copyright [...] is not designed to afford consumer protection or convenience but, rather, to protect the copyrightholders' property interests."

This is reason #843 why copyright law needs massive reform.

 
coco ebert [TotalFark] 2008-11-16 06:08:43 AM  
Dadx6: the only thing they've got me on is downloading music to my computer from my CD's. And I haven't done that in something like a year.

So HAH! the rest of you can rot in jail for all **I** care.


People still buy CDs?

 
bingethinker [TotalFark] 2008-11-16 06:11:15 AM  
Gussie Fink-Nottle
bingethinker: How does doing Subby's mom make me a cyber criminal?

It's criminal that you skip remedial reading classes to be with subby's mom.


Actually, she teaches that class.

 
Malachilenomade 2008-11-16 06:12:13 AM  
Yeah, so let me get this right: This list is valid only if you're an international jetsetter who essentially lives on a plane, flying from one country to the next.

I call fail.

 
Barakku [TotalFark] 2008-11-16 06:18:23 AM  
Churchill2004: I honestly don't understand how people put up with a "TV license".

I got one for my portable TV, eric!

 
Uchiha_Cycliste [TotalFark] 2008-11-16 06:42:59 AM  
Well, thank God I'm not Irish. F*ck em.

 
DJ Kulture [TotalFark] 2008-11-16 07:01:36 AM  
mr_larry: DaCricket: borg: This list is 12 things that are illegal in Canaduh Ireland not the United States.

Most of those are perfectly legal in the US.


To all the "that only applies to Ireland" Farkers:

I'm pretty sure I clicked a link on here recently that showed some part of the US Constitution (or some other part of US statute) that made it an offense under US law to do anything that was considered illegal by another country's laws.
I'm sure someone will have the link.

 
i'm driving my life away 2008-11-16 07:18:47 AM  
what the hell i've never done any of those thing. especially number 7. i hate i pods.

 
snailbarf 2008-11-16 07:19:20 AM  
img1.fark.net

 
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