FBI Didn't Break Law When Copying Megaupload Data Because the Data Wasn't "Physical Material"
96 replies, posted
[QUOTE=catbarf;36231194]Do people even read the article anymore? The FBI didn't make this decision. A court in New Zealand of all places made this decision. That doesn't necessarily set a legal precedent for courts in the United States or Europe.[/QUOTE]
This is facepunch, so no one reads it. Text is scary.
[QUOTE=Intoxicated Spy;36231217]This is facepunch, so no one reads it. Text is scary.[/QUOTE]
Might be interesting what this means to New Zealand law enforcement, though.
[QUOTE=HorizoN;36231042]Yea, isn't information basically inscribed into microscopic valleys on the hard drive/disc?[/QUOTE]
The data isn't really inscribed, but rather the cells are given a binary value, (That is, True or False), by the disc reader/writer, and the millions of 0's and 1's make up the data that is everything from your OS to your porn hidden in that discrete out-of-the-way folder.
At least I think that's how it works, if you want to know more I think it might have something to do with magnetizing the bits, with a positive charge being true and a negative charge being false. If someone feels the need to correct me, be my guest, I pulled this all out of the back of my brain.
[QUOTE=tarkata14;36231323]The data isn't really inscribed, but rather the cells are given a binary value, (That is, True or False), by the disc reader/writer, and the millions of 0's and 1's make up the data that is everything from your OS to your porn hidden in that discrete out-of-the-way folder.
At least I think that's how it works, if you want to know more I think it might have something to do with magnetizing the bits, with a positive charge being true and a negative charge being false. If someone feels the need to correct me, be my guest, I pulled this all out of the back of my brain.[/QUOTE]
Pretty sure thats what it is. But that also technically makes the data physical.
Butters, did you make a misleading title? Go to your room and think about what you've done.
[QUOTE=HorizoN;36231372]Pretty sure thats what it is. But that also technically makes the data physical.[/QUOTE]
Well yes, it all deals with physical forces and the data itself is technically physical, but then again it really is just a string of 1's and 0's that can be copied infinitely from the original.
I guess what that means in my mind is that it really isn't physical in the way that you aren't physically moving anything when you copy data, but rather you're telling the computer to memorize the data and transcribe it elsewhere. This can be done an unlimited number of times, and the original will remain unchanged, all you are basically doing is copying a series of 1's and 0's at the most basic level.
Simply put, piracy is as much a thievish act as taking a picture of the Mona Lisa, printing it, and hanging it in your own home, the copyright infringement on the other hand is a much different issue.
[QUOTE=tarkata14;36231414]
I guess what that means in my mind is that it really isn't physical in the way that you aren't physically moving anything when you copy data, but rather you're telling the computer to memorize the data and transcribe it elsewhere. [/QUOTE]
cool contradiction
computer data is physical, it won't stop being physical just because you want to download video games and music for free
And once again, FP draws conclusions from nothing but the title and looks a little dumb when someone inevitably points it out.
[QUOTE=Sanius;36231455]cool contradiction
computer data is physical, it won't stop being physical just because you want to download video games and music for free[/QUOTE]
It's physical in the sense that it's stored on a physical medium but it is ultimately information, and information is not a tangible object.
The irony
[QUOTE=zakedodead;36231481]It's physical in the sense that it's stored on a physical medium but it is ultimately information, and information is not a tangible object.[/QUOTE]
the same could be said about everything in existence
[editline]7th June 2012[/editline]
[QUOTE=Syou;36231489]The irony[/QUOTE]
there is no irony
[QUOTE=Sanius;36231491]the same could be said about everything in existence
[/QUOTE]
Not without being meta bullshit.
[QUOTE=Alxnotorious;36231208]But it does show that the precedent could be set if a similar case were ever brought to the Supreme Court.
I digress I didn't notice it was in the Zealand High Court until a bit later myself.[/QUOTE]
Did you even read the article? It wasn't a judge who made the decision (no decision was made), it was the FBI's lawyer who claimed what they are doing is legit because of this reason.
[editline]7th June 2012[/editline]
It also has nothing to do with stealing, it has to do with an agreement that no evidence would be handed over to the FBI after dotcom's arrest
[QUOTE]"Mr Akel said that there had been an agreement that none of the evidence against Dotcom, seized after his arrest, would be provided to the FBI without prior agreement.[/QUOTE]
And the FBI's lawyer argues that there's a loophole in this agreement making it only count for physical evidence.,
It will be interesting to see what Kim's lawyers do with this...
[QUOTE=longears34;36230872]because downloading a copy of something is the same as taking account information and stealing actual money[/QUOTE]
I don't steal money, I just copy it.
[t]http://www.wealthjunkies.com/wp-images/real-and-fake-20-front-marked.jpg[/t]
[QUOTE=Contag;36231943]I don't steal money, I just copy it.
[t]http://www.wealthjunkies.com/wp-images/real-and-fake-20-front-marked.jpg[/t][/QUOTE]
The difference between pirated software and counterfeit money is that pirated software works the same as regular software
A better analogy would be comparing a knockoff of Photoshop to the actual thing
Onwards we go linux distros! :yarr:
[QUOTE=zakedodead;36231481]It's physical in the sense that it's stored on a physical medium but it is ultimately information, and information is not a tangible object.[/QUOTE]
Yes it is. Everything physical is just a manifestation of the information which describes it.
[editline]7th June 2012[/editline]
[QUOTE=HorizoN;36231042]Yea, isn't information basically inscribed into microscopic valleys on the hard drive/disc?[/QUOTE]
No, the data is stored in magnetization of sections of the drive
[QUOTE=Contag;36231943]I don't steal money, I just copy it.
[t]http://www.wealthjunkies.com/wp-images/real-and-fake-20-front-marked.jpg[/t][/QUOTE]
Look how sad mr. Jackson is because of your money copying :saddowns:
Lol I know that the FBI isn't that stupid.
By the way files become physical in the form of electrons when stored in a flash drive.
No, it's still illegal, but the FBI decided a long time ago that they don't actually have to follow the laws they enforce.
It's a product you buy but I'm allowed to steal it because it's not physical material.
Pirate logic.
If data is stored on a hard drive, it is not "physically stored". How hard drives work is that they have magnetic platters. All information is stored in binary, that is either a 1 or a 0. In hard drives, a 1 is that the spot is magnetic, and a 0 is that it is not. Whether something is magnetic or not is a property of the object, but the actual magnetic force is not the same type of physical like you or me are. If it was stored on a CD or DVD, then it uses a system of peaks and valleys. A peak is a 1, a valley is a 0. The point is, data stored on hard drives is not physical, it's just a property of the hard drive's platter.
[QUOTE=Gnomical;36234085]If data is stored on a hard drive, it is not "physically stored". How hard drives work is that they have magnetic platters. All information is stored in binary, that is either a 1 or a 0. In hard drives, a 1 is that the spot is magnetic, and a 0 is that it is not. Whether something is magnetic or not is a property of the object, but the actual magnetic force is not the same type of physical like you or me are. If it was stored on a CD or DVD, then it uses a system of peaks and valleys. A peak is a 1, a valley is a 0. The point is, data stored on hard drives is not physical, it's just a property of the hard drive's platter.[/QUOTE]
And magnetism is not physical? It's a property, yes. It's a physical property.
Welp, time to not give a fuck.
Thanks FBI.
[QUOTE=mobrockers2;36234120]And magnetism is not physical? It's a property, yes. It's a physical property.[/QUOTE]
But that is not a physical object in a sense of owned property. Electricity is a physical property, but you can't "own" it. The only way you could "own" it is if you were to copywrite it, and there's no way in the world that you could ever copywrite physical properties such as magnetism and electricity. You can own a hard drive, just as you can own a magnet. You don't own the properties of these objects, you just own the physical object.
[QUOTE=HorizoN;36231372]Pretty sure thats what it is. But that also technically makes the data physical.[/QUOTE]
It's as physical as storing the number "6" by arranging rocks to make it look like a number 6. So actually it's kinda the same thing as a book (where you arrange ink to make it look like letters). The difference being that copying bits & bytes is extremely easy.
Do me a favor guys, and give me the link to a legit source about this. There is no evidence anywhere that the FBI said this and just because some person on FP posted this does not mean that it is legal. It has been many times been acted upon in many different countries and would have to go through the legal system to actually become legal considering the amount of times people have been fined and gone to jail for it.
Please, support this with proper evidence. There has been no news of this anywhere.
[QUOTE=donfrema;36234382]Do me a favor guys, and give me the link to a legit source about this. There is no evidence anywhere that the FBI said this and just because some person on FP posted this does not mean that it is legal. It has been many times been acted upon in many different countries and would have to go through the legal system to actually become legal considering the amount of times people have been fined and gone to jail for it.
Please, support this with proper evidence. There has been no news of this anywhere.[/QUOTE]
The source is in the OP, it's a NZ newspaper.
Wait does this mean if I can get a 3d printer I can pirate a Mercedes, and it will be legal??!?!
I am going to a 3d printer shop brb
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