That's only if you subscribe to Lockian views. I prefer HobbesA state of anarchy may be inevitable, but not all states of anarchy are tolerable or acceptable for society.
Merely following laws *can* be a goal of the system, in that in order to preserve the hierarchical and organizational structure of a society not in anarchy (1st anarchy), it is necessary that laws are obeyed to preserve the integrity of the legal system. Obviously not everyone feels the same laws are reasonable or unreasonable - but if everyone only disobeyed the laws *they* feel is unreasonable, you would end up having the entire law system breaking down.
A contract goes two ways - the people are beholden to the government as well.
Both economically and politically, individual piracy does not contribute to this "greater social order". It may be different if such individuals banded together to form some sort of movement, or had any actual power to change things. However, what we have now are only disgruntled individuals, disorganized and without any real goal of "resistance" or "change".
If people did go through effective channels, change might be slow, but it would be faster than if X person here and Y person there decided to arbitrarily pirate this or that. In this case, as was mentioned by others in this thread, the burden of their actions fall on legitimate consumers, who in turn turn against such "piraters" as well, further undermining the goal of "greater social order".
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Here's an example. How many times have you seen someone cross a road away from a crosswalk, or against a light? That's illegal, and it happens all the time. Why does it happen? Because people decide that they think it's unjust for them to have to wait for a light, or walk half a block to a crosswalk or intersection. Those people aren't organized, and they're not specifically trying to force social change, they're merely disobeying a law because they feel that to obey the law would provide a less advantageous system for them. I would be willing to bet that the government would ever be able to completely stop jaywalking, not in our current legal system. So the fact that this lawbreaking occurs is an indicator that the current legal and governmental system is slightly out of touch with the people's views on jaywalking. Since it's not a huge problem, it's ignored by the government. Similarly, pirating occurs because the current legal and economical/governmental system is out of touch with the people's views on copyholder's rights. However pirating is much more dangerous to the current system than jaywalking is, so it forces action on the part of the government and on the part of corporations. These actions will either cause appropriate changes in the laws, balancing out the consumers views and the corporation's views, or they will get out of hand and cause a sort of anarchy, which in turn will mandate that a new social contract be constructed. Either way, a greater social order will emerge. -
Well, others may feel that speed limits are unreasonable, and they don't follow them either. And of course, you have the general problems with accidents and traffic safety of today.
Then still others may feel that drunk driving laws are unreasonable - they feel so sure that they're in perfect command of themselves even while drunk!
Then still others feel that red lights are unreasonably long - and run through red lights when they feel no cars are coming.
Then eventually, others feel that having to stop for pedestrians at crosswalks is unreasonable too.
Then driving on one side of the street - and the list goes on and on.
In the end, everyone feels they have a different interpretation of what is "just" and "reasonable", and if everyone acted only on their impulse alone, yes from the simple jaywalker, chaos and anarchy can follow.
For every law out there, there is one person that will feel it is unreasonable for some reason - this extends to even murder - there will be people out there who feel that they would be justified in murdering someone else, whether for revenge or retribution or righteousness or religion or whatever.
One of the point of laws and punishments is so that there's enough of a deterrent to provide incentive NOT to act upon those impulses regardless of how "unreasonable" anyone may personally feel a particular law is.
To further your own example, jaywalking may or may not prompt a response from any particular group or authority other than the individual fine of the person in question. Is that person, by the very act of his disruption from traffic and safety law, achieving anything in the betterment of society, or causing such betterment indirectly via any sort of reaction from others? Of course not.
The same goes with disorganized piracy. Is an individual who is pirating really contributing, whether directly or indirectly, to a better societal equilibrium? 1st, this requires assuming that such pirate is representative of "consumer" and "demand" as a whole - and this is not true. You make it sound as if it's corporate business/government injustice vs consumers, and that's not the case. On the contrary, pirating may have a negative impact on legit consumers, who make up the bulk of demand, as companies try to shift the burden to them. When such pirates are made scapegoats, they do not form the beginnings of a new social contract, and nor are they the means through which accepted change is undertaken.
Pirating does NOT only occur because everyone feels current prices are overpriced and out of touch with consumer demand. If this were really the case, all consumers would feel this way and the market equilibrium would simply shift. Piracy occurs mostly because people can get away with it and do - regardless of what the prices were. Overpricing and such is really just an excuse for justification of their own actions.
As a case in point - small software makers regularly offer free software for download, with the suggestion of a $5-10 donation. Yet how many people, for all their righteous ideals about "overpriced" goods and supporting fair prices, those people who say "if the prices weren't so "unreasonable" I would happily pay instead of pirating" and whatnot actually donate? A very very very few. -
I'm not saying that piracy is an organized attempt to produce a better social order, I'm merely saying that piracy arises because the legal and economical system is out of touch with what the average persons feels is fair in terms of copyright protection and pricing. I'm also saying that due to individual, unorganized piracy, certain things happen. Companies develop new copyright protection software, governmental agencies pass new laws and regulations, and so on. So either a) these laws and software protections will work, and consumers will agree to them, and piracy will diminish, re-establishing equilibrium to the social order , or b) they won't work, and enough individual consumers will disagree that piracy will spin out of control, thus causing the state of anarchy I mentioned before, thus causing a readjustment of the social order. Either way, the social order will be adjusted due to unorganized individuals doing what they believe is just.
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1. The individuals are doing what they feel to be their best interest. Not what they feel is just. They are not working from some altruistic motivation - nor is anyone in a free market. Of course, for the purposes of this model or any capitalistic model, their beliefs are irrelevant. It's just the result of their piracy that's in question, but I felt this should at least be mentioned from the outset.
2. There's this feeling that all forces arising out of whatever motivations will inevitably create an optimum equilibrium - politically, economically, and socially. This is not always the case however:
2.1 As mentioned earlier, piracy itself can be considered an externality. As such, it would not contribute to the optimum equilibrium, but instead distort it and force a greater burden on the consumers, which in this market tends to be a little less elastic than the suppliers.
2.2 Any reactions to 2.1 above may in fact result in change, but this is questionable. Changes corporations may put into effect to prevent piracy may create greater awareness and protest from consumers in general if they are inconvenienced by it, which ultimately may end up in some sort of reform. However, a social optimum is not the inevitable result of it. The people who care most are, undoubtedly, those pirates who are most effected by it. Yet as shown by recent cases, the major result of such clashes have generally been in favor of the suppliers (MGM v Grokster.). While I may agree with you that the current system lags behind what is necessary - such landmark precedents, as the result of individual piracy, are in fact detrimental to this goal since they in effect make regulations even more restrictive.
EDIT: Added the word "optimum" to (2) above, as Odin243 pointed out. -
2.Yes, all structures tend toward at least a dynamic equilibrium. No structure, be it economical, political, physical, whatever, will stay in a disproportionate state forever. It just won't happen.
2.1 No action by a citizen/consumer can be considered an externality in terms of social contract theory. Every action, both by individual consumers or by groups of consumers or by governments or corporations have to be taken into account.
2.2 If such changes occur, making things much more restrictive and much more detrimental to consumers and pirateers (sp?), then a disproportionate social state comes into being. Such a social state will always tend to collapse into an equilibrium, whether it's one of tyrannical government and slave-like populace, or one of a more open social system, such as a democratic state. Either way, yes the social order will change. I don't like to say it will change for the better, since that depends on your point of view, but it will change to be more stable. -
masterchef341 The guy from The Notebook
did anyone else notice that harry suddenly disappeared once the conversation became intellectual instead of
BAGHBHGAH PIRACY BAGHAGHAB!
anyway, i think its a shame the way the system is set up now.
everyone is using windows. that is a problem. i hope a stronger force comes up to compete with windows - either linux or apple's mac os (most likely linux).
i think its crazy how 90% of the world is on windows machines, and yet the ONLY reason i can think of that ANYONE should ever use windows is for gaming or 3dsmax...
the same 90% of the people on windows machines are also the 90% who use their computers solely as typewriter replacers, mail, web browsers, and facebook (facebook is always listed as a separate task when any of that 90% i mentioned above lists the purposes of their computer) - they very tasks that other operating systems do MUCH better than microsoft. linux or mac os? say goodbye to spyware, adware, dishware. etc.
these people should be using linux... obviously. maybe mac osx. but linux is FREE and open source! computer manufacturers should make a mass movement towards linux all at once, and leave microsoft behind.
software should just move towards open source projects. wide collaboration would make up for the fact that each single person could only attack software development from a hobbyists perspective. why not? people who really want to make software should be the people who enjoy making software. if open source software was more commonplace, piracy would immediately go away.
but people keep buying microsoft word, they keep buying photoshop. it works, and they don't care that there is open office and gimp. who wants to use open office in a microsoft office world? i bet you get annoyed when you have to pass files between openoffice and microsoft and it doesn't come out exactly right. people pay to be on the microsoft standard, so that everything works together (supposedly) - or at least they have the impression that it will. but if everyone was on the opensource standard, the same comforts could apply...
sigh... -
I.e. The strong point of supply and demand isn't that there will be an equilibrium reached naturally, but rather that the equilibrium achieved is naturally the optimum equilibrium. -
I think I see now where we differ. You don't see piracy as a "natural" effect of supply and demand, and therefore you don't think the effects of piracy will contribute to a progressive equilibrium. I disagree, as I believe piracy is just as natural as any other breakdown in the social order, and thus will naturally contribute to progress.
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Like pollution, it's not something that will simply balance out to the advantage of society in the long run. There will need to be other "unnatural" forces. Something more is needed for real "progress".
Similarly, I don't see individual piracy as a real form of social dissent or as an expression of their civic duty to fight against oppression or anything. It's not the consumers speaking out - it's one small group of people who end up having both consumers and suppliers against them, and who are hurting all parties involved and progress itself with their actions.
Besides, however much we may hate the current system now, it DOES have legitimate avenues of access. While the more cynical among us (or the more realistic) may believe that those means are simply useless and more a means of control than anything else, they do exist. -
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Such "choices" offer the illusion of choice, but the impossibility of affecting change. People understand this implicitly, if not explicitly. Piracy/theft/the defiance of regulations has always been a means of affecting social change, whether directly or indirectly. No great change has come without a lot of people willing to defy regulations to bring attention to the cause. I do not argue that everyone who pirates music, media, or software does so to affect social change. However, I do imply the net result of their actions is one of propagating this change, by forcing the ruling classes to acknowledge the struggles and complaints of the lower classes. The alternative is to imprison or execute all dissenters, and the days in which governments and rulers could afford to do this are increasingly behind us. -
You surmise that the existence of piracy is indicative of a problem in the current system now. However, piracy has always existed in some form or fashion, even in the best of times. Oppression, tyranny, and in this case, overpriced goods do not need to exist for piracy to run rampant. In what way is the opinion of a small minority of people representative of consumers as a whole? As mentioned earlier, however broken the system may be, supply and demand does work well enough to the extent that the equilibrium will shift, and market prices will respond, if enough consumers feel that certain software are overpriced - at least enough to be indicative.
However, to simply say that this is the ONLY effective means of change is misleading. For example, in terms of the latest round of US civil reforms - there's plenty of evidence that it was not the violent dissenters who did the most to effect the reforms of the 60s, but rather the stability and mobilization of organized groups of people who patiently worked through the system that led to the longest-lasting reforms. -
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But, there's no real point in just agreeing with someoneAt that point the discussion ends. So, with that said...
From another point of view, the *only* need of the people necessary to be satisfied by a government is not "life, liberty, and the pursuit of happiness" but rather simply "security" - in merely life. To leave 1st anarchy, one sacrifices what is necessary to gain that security and enter 2nd anarchy. Therefore, so long as government adequately satisfies that condition, it need not shift to satisfy the wants of the people, but rather manipulate them with the illusion of doing so instead.
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"Should people have little bombs put in their brains at birth? So as soon as they think a nasty thought about killing someone, the bomb goes off and they die?"
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. Let's be honest here. Even if music was incredibly cheap and cost under a dollar per song, you'd still be pirating it - oh wait..it is, and you are! (obviously the "you" here is generic and not targeted at any particular person)
Piracy as a reaction to social inequalities and inadequacies of society may certainly be true. You may even draw a direct relationship between the degree of such illegitimate activities (piracy, theft, smuggling, tax evasion, counterfeiting, etc etc. etc.) and the degree to which certain elements of society are marginalized from more legitimate means over time. However, while piracy may be indicative of innate societal inequalities (since it's always been present), it is not necessarily a viable means of reforming that society.
You can't assume that consumers are protesting against the prices (the "oppression" as it were) or that demand is changing to reflect this if it's actually not changing though. It might be lag - or it might simply be because the current prices DO accurately reflect what people feel to be a fair price for music and software.
A social construct merely needs to provide security. "Inconveniences" may be simply part of the sacrifice for that security. One of the underlying assumptions of this particular argument is that government is created only *for* the citizens, and that economy is created only *for* the consumers, and society is established only *for* the people. However, each of these parties are only one part of the whole, and not necessarily the most important part, although a necessary part. Why is it not okay to inconvenience citizens, so that government or business is less inconvenienced? -
Put the bomb in and set it off after it detects both intent and then the actual action. -
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I thought governments were created to control the citizens, and businesses were created to make money? -
Governments and Businesses are intertwined. Plenty of government officials are CEOs or have percentage of ownership in a corporation. Not to mention the amount of funds giving to campaign fund raisers. So much of the government has an ulterior motive.
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Also, the "right" of an individual to withdraw from a social contract is not necessarily true. That is only one particular view of the social contract theory. In the contract, there are at least parties, and there are consequences for breach of said contract. Even as an individual may have the "right" to withdraw, so too does the government have the "right" to enforce compliance.
Under that interpretation, in the end, such "rights" mean absolutely nothing. It's only the end result and how the balance of power plays out that's meaningful - if the person can use the contract to his advantage, he will, and if the government can enforce it to its advantage, it will. That's as far as "rights" will go.
In your model, the citizens are the foundation and end of the social construct - but that's also not necessarily true. While a citizen, or rather a group of such citizens, may be the beginnings of society, once established, they are nothing more than another, albeit vital, part of that society. No individual has the right to unreasonably withdraw from the contract when doing so endangers and threatens the well-being and security of other members.
As for the digital piracy in question, we're not talking about fleeing tyranny or oppression here or some sort of social inequality between business and consumers; we're talking about people who do not wish to pay reasonable and fair prices - because nothing that they've said supports in any way that these prices are anything but reasonable and fair. When there's no real indication that things *are* overpriced, how can someone say that they're pirating because things are overpriced, especially when it's fairly clear that they would pirate software and media regardless of what price it was at? -
I find it's quite fair, such as Robin Hood...
You find a extremely expensive software that others cant afford, and you share it to others...not too much harm in that.
But yes, the corporations do lose money, who in turn, pressure the governments to do something about it.
I stand at a loss right now, between both sides, since I do find it fair for some amount of piracy, but at the same time, some things just shouldnt be done. -
If you can't afford it DON'T USE IT. -
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If you're referring to contracts, once the contract has been established, the government has every right to enforce it upon the citizens when it is the citizen who is unreasonably breaching it. The "right" of a citizen to withdraw from said contract at any time is not something that can be proven.
Society, once established, is more than the sum of its parts (the individuals), and is beholden to all of those parts, not just one or two individuals within it who feel they may withdraw from it at the detriment of everyone else.
As an extreme example, if person A feels he has the right to withdraw at any time because he doesn't care for the law against murder, does he have the right to leave and then kill his neighbor, saying that since he's no longer part of that society, he's not subject to those laws and that contract? Of course not. To that person, he's being perfectly "just" and "reasonable", but of course it is anything but. Perhaps there may be a case to be made for withdrawing when it is the government that has breached this "contract" unreasonably, but at the same time, when the individual breaches this contract unreasonably, whereas the government has not, then of course that individual is at fault.
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I think you left something out though. The rest is just a copy of the last post above. -
Quick check of dictionary (to make sure I'm talking complete bollocks) reveals that definition being
Immoral: deliberately violating accepted principles of right and wrong
I think that stealing software (or in fact stealing anything else) absolutely fits that definition. Taking something that isn't yours is immoral, I mean for goodness sake, it's the 8th commandment! -
A person who withdraws from society is not subject to those laws or that contract. Society may then try to make an example of that person, to protect itself, but that's a separate matter. There is no "fault" involved, as that implies an absolute value of right and wrong, which doesn't exist. All morality, legality, ethics, whatever, are merely relatives in the context within which they're defined.
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So basically your stance is that as soon as something has been created that is software or a digital medium, then it's really a public domain article that should be freely copied around? -
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People are general immoral I find, especially when they feel it's a "victimless" crime (i.e. it's only a corporation, they don't see the people who actually work for the corporation). -
I'm not seeing where you get the idea that people are free to enter and leave contracts without penalty. If anyone could enter and exit out of any contract freely at any time out of convenience, there would be no reason to keep such contract since it would be nonbinding and worthless.
Your 2nd premise: anyone who leaves the society are no longer bound by those laws of that society
The conclusion: anyone can do anything anytime they want based on their own whims to anyone else.
This logic simply does not and cannot work. You're essentially saying that if John Smith feels like it, he can leave society at a whim, and not be bound by its rules and laws, and then do anything he wants to anyone he meets - mug them, kill them, whatever.
You must understand that Relativism itself is only one view of many, and using it as the sole judge of morality is just as limiting as considering only absolutes of right or wrong. -
By the way, my posts seem to be screwing up today, I think I've edited everything back to normal, but if there's something weird just ignore it. -
I'm not going to argue relativism with you other than pointing out that it itself is a contradiction due to the absolute dogmatic exclusivity of it - but there's enough literature out arguing either side that - and that relativism is founded on a number of assumptions, not all of which can be proven.
Instead, as far as society is concerned, relativism, regardless of its validity or not, is not a good tool to maintain order. Having rigid and strict moral absolutes allows society to more easily impose order and discipline, as well as get away with stronger punishments. -
As for relativism, I just want to point out that while it is not a good tool to maintain order in a society, it is an excellent tool to observe and measure the balance of power in a society. You strip away all the assumptions based on absolute rights and wrongs, and what you're left with is the basic interactions between people. -
As for piracy within the above context - you're left with people who merely have the ability to get away with it, and not people who naturally have the right to do so.
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In any case, I've nothing against relativism as a theory in of itself - but merely its moral effects when used as an excuse. -
I'm troubled by your frequent use of the word "excuse." You seem to imply that relativism as a reason is less than valid, or that there is a flaw in it somewhere. If you use relativism as a (valid) excuse for pirating software, then there are no adverse "moral effects."
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Anyway, we've gotten to the point where we're basically saying "are too! are not!" over and over again to each other and citing more opinions theoretical models than arguments backed by empirical evidence. We should wrap this up soon -
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The only possible end of history would be when those in question (in this case humans for human history) are completely and utterly extinct. That end is independent of any and all variables, and is absolute. -
You cannot subscribe to relativism and still believe in "natural" rights at the same time, or any of the inherent rights you used when saying that anyone can has a right leave any society at any time, since by definition "natural" rights are inalienable and absolute. -
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Having fun?
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Charles P. Jefferies Lead Moderator Super Moderator
Yes, it would appear that way wouldn't it?
At any rate, I think enough has been said here so we'll consider this thread a done deal.
Should operating systems auto-delete itself at first sign, EVERYTIME?
Discussion in 'Windows OS and Software' started by HenryMan2008, Jul 5, 2007.