No I didn't say the penatly should be death. I didn't even intend to say that resistance to law enforcement (from digital pirates) should necessarily bring mortal response (unless met with mortal resistance). What I was getting at is that it takes a big commitment on part of the Russian government to deploy warships and other limited resources to combat the crime of naval piracy. Russias deployment of war resources (while still on the edge of with war in Georgia and its allies, along with being involved with cold war postering against other nations,) is a clear display of taking the problem seriously. If that level of seriousness and commitment was applied to digital piracy (in its own situational context), then perhaps piracy would be on the decline and not on the rise.
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Well, Congress is working on legislation that would place all the legal actions being taken by media producers and organizations like the RIAA and putting into the hands of the Department of Justice. This would effectively make the DOJ the personal lawyers of the music and movie industry. The Bush Administration has come out strongly against this legislation saying that these companies already have the tools they need to defend their intellectual property rights and that taking on this enormous problem would divert DOJ's attention away from prosecuting more serious crimes.
The problem with digital piracy is that, for a large part of it, we're not talking about large underground operations. We're talking about individual people doing things that, on an individual level, are fairly harmless, but when multiplied by tens of thousands or even hundreds of thousands of people can lead to many millions of dollars in losses for these companies.
This is the reason why I say it's such a mess. Because I think people have a right to make money, but I also know that the only way to keep things the way it used to be would be to have the FBI knocking down people's doors every time they downloaded a song without permission or installed a game on a friend's computer, and I can certainly say I don't want to live in that world...
But I've also seen the other side of the coin too. Brazil's gaming industry has largely ground to a halt because of piracy. Piracy is big business there. You can actually go into stores and see nothing but wall-to-wall pirated DVDs, video games and music CDs. 9 out of every 10 games in Brazil are pirated. As a result, companies like Sony, Nintendo and Microsoft have no reason to sell their console systems there because they make their money off the games not the systems. In fact, IIRC Sony loses money on every PS3 they sell (or at least they did last I heard). It's the games where they make their money, but if 90% of the games on the market are stolen, why in the world would you want to sell the systems at all? So that coupled with a 60% import tax has lead to PS2's (PS2!!) today costing over $1,000 American in Brazil. A PS3 is double that at least.
Intellectual property rights and an individual's private property rights are inversely proportional. The more rights you give to the one, you necessarily take from the other. So you're not buying the game, you're buying the right to use the game... and if EA decides to take away that right from you at any point, they can. Yet you paid money for something you thought you were going to own. It would be like if you bought a Ford, and you did something Ford didn't like, and you woke up in the morning to find they'd taken the engine out of your car because, since they own the patent on it, you simply paid them to use it. Move to either extreme in the spectrum, and the economy seizes up. Take away the rights of the producers, and they will either A) go out of business or B) stop producing the products you want and switch to something safer. Take away the rights of the consumers, and we're back to the feudal era where the peasants live in constant fear of being held hostage to the whims of the nobles... and the consumers will stop buying. The key is to find the right balance.